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Myself and the ex were in agreement that we should sell our jointly owned house and split the profits.
She is now saying she wants to (and can afford to) buy me out. She reckons her solicitor has advised that as I am 'willing to sell' and she can afford to buy, I legally 'have' to sell it to her.
Is this correct please?
I'm not sure - realistically, I think if you went to court over this, then the court would agree to this as long as it was a fair price. I would question why you wouldn't want to do this - if she is offering you the price you were expecting, then you both save on estate agents fees, and she may well save on stamp duty, really you both win by her doing this.
Hi,
I agree with actd on this, what reason is there for not allowing her to buy you out, as far as I can see actd is right, you would save a fair bit of money by doing it that way, as long as she was giving you a decent amount, If it were me I would swollow my pride and let her take the property over along with the mortgage.
GTTS
I also agree that it would be the simplest solution, but if you feel that this isn't your preferred option then you can take legal advice on this. There are solicitors that offer a free initial consultation and this might be useful for you to find out the legal position.... Personally I doubt that there is a legal precedent here and in my opinion you should be able to sell to whom ever you want.
I have a joint mortgage but my ex emigrated 3 years ago. I will need her authorisation when its time to sell, but if she refuses or can't be contacted a judge can authorise the sale. This is all about the deeds not the mortgage. I have been advised that this process isn't cheap.
It would be possible for a judge to decide on your property ownership if there were suitable grounds, but this would be an expensive argument for you and your ex. As others have suggested, accepting her offer would be the best financial option.
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