Can i sell my half of home

willdill · 12-08-2020 7:06pm #1

I was just wondering is it possible to sell my half of a jointly owned home(Like to the banks or something).Iv split from my ex and we have a child under 18 and shes still at the property while i bounce from sofa to sofa in peoples homes.She refuses to sell the home and cant afford to buy me out and wont let me buy her out so im kind of snookered and dont know what to do.I still pay the full mortgage and have done since day 1{9 years now}so find it hard to rent somewhere too.Any advice would really be appreciated guys.Thanks in advance..

Str8outtaWuhan · 12-08-2020 7:07pm

willdill wrote: »

I was just wondering is it possible to sell my half of a jointly owned home(Like to the banks or something).Iv split from my ex and we have a child under 18 and shes still at the property while i bounce from sofa to sofa in peoples homes.She refuses to sell the home and cant afford to buy me out and wont let me buy her out so im kind of snookered and dont know what to do.I still pay the full mortgage and have done since day 1{9 years now}so find it hard to rent somewhere too.Any advice would really be appreciated guys.Thanks in advance..

Move back in, It's your house.

willdill · 12-08-2020 7:09pm

Too much fighting and stuff going on,stress levels have had enough so i really need out mate..

pjohnson · 12-08-2020 7:10pm

willdill wrote: »

Too much fighting and stuff going on,stress levels have had enough so i really need out mate..

Move in get her out.

willdill · 12-08-2020 7:11pm

We have a child under 18 so i couldnt get her out as child would more than likely go with her if a court rules..

Str8outtaWuhan · 12-08-2020 7:11pm

willdill wrote: »

Too much fighting and stuff going on,stress levels have had enough so i really need out mate..

Seems like its more stress sofa hopping. buy a cabin throw it in back garden. The reality is that while the Woman is in situ with chisler, the house is hers. horrible situation.

willdill · 12-08-2020 7:13pm

Cabin is a option but if id like to move on in the future and maybe meet someone else would defo make things very awkward mate..

Elessar · 12-08-2020 7:15pm

willdill wrote: »

I was just wondering is it possible to sell my half of a jointly owned home(Like to the banks or something).Iv split from my ex and we have a child under 18 and shes still at the property while i bounce from sofa to sofa in peoples homes.She refuses to sell the home and cant afford to buy me out and wont let me buy her out so im kind of snookered and dont know what to do.I still pay the full mortgage and have done since day 1{9 years now}so find it hard to rent somewhere too.Any advice would really be appreciated guys.Thanks in advance..

Jesus you're getting taken for an absolute ride mate. Stand up for yourself. It is NOT ok for you to be paying the full mortgage while she gets a free house and you have to couch surf.

Tell her you're moving back in unless she contributes jointly to your jointly owned home.

topmanamillion · 12-08-2020 7:15pm

Stop paying the mortgage and surrender the house to the bank if she won't get out.
There isn't a family court judge in the country that would order you to pay 100% of a mortgage.
Obviously effects your credit rating but at least you'd be able to afford rent which you can't do now.

pjohnson · 12-08-2020 7:17pm

willdill wrote: »

We have a child under 18 so i couldnt get her out as child would more than likely go with her if a court rules..

Well then make her pay towards it.

You are paying a mortgage on a house you can't live in.

Vikings · 12-08-2020 7:18pm

willdill wrote: »

We have a child under 18 so i couldnt get her out as child would more than likely go with her if a court rules..

Go talk to a solicitor. You have options for the house.

You certainly have options on the custody front.

You won't find answers on the internet.

mickuhaha · 12-08-2020 7:18pm

You need the other Owner to agree to sell the property. You never know when a next baby will be along. Next in line would be bring a case to court which will be costly. Lastly you put yourself into bankruptcy and in a few years you get to move on but never be able to get a loan.

Spanish Eyes · 12-08-2020 7:19pm

Pay for some proper legal advice. That's money well spent, you will then know what your options etc. are. Best of luck.

jrosen · 12-08-2020 9:28pm

Go get some legal advice, its possible she has been told to sit tight which had you have gone to see a solicitor before now they would have told you the same.

Personally I would exhaust all mediation avenues before allowing this to go the court route. Speak to the bank yourself. But whatever you do do not stop paying the mortgage, that loan is jointly yours and if you stop paying it will affect your credit as much as hers.

tayto lover · 12-08-2020 9:41pm

It’s not your half either.
One-third hers.
One-third the child’s. If she’s under 23 and still in education I believe.
One-third yours.

the_syco · 12-08-2020 9:43pm

Get advice from a solicitor.

Doing stupid things by listening to people on the internet and not proper legal advice (and due to the under 18yo child), the law will probably view it as the "family home", and ensure you pay the mortgage until the child hits 18.

RocketRaccoon · 12-08-2020 9:44pm

Your paying the mortgage for 9 years now, move back in and refuse to leave. She's taking advantage of you and will keep doing so.

I assume you're also paying maintenance?

Go and seek legal advice.

December2012 · 12-08-2020 10:09pm

What does your ex propose yous do? Is it possible to sell it to the Local Authority but have your ex stay in as a local authority tenant?

Brianmwalker · 12-08-2020 10:13pm

Take the 3 months mortgage break if you can. Use one month for a deposit, one month for rent and one month for a solicitor. Good luck.

The_Conductor · 13-08-2020 9:39am

This is more suited to another forum (not sure which one though).
I believe that the parent has an onus to provide accommodation for his/her children until the age of 18, or while they are in normal fulltime education.

OP- you need to contact a reasonable family law solicitor and get everything properly sorted- the current situation is unsustainable and ultimately will benefit no-one.

woodchuck · 13-08-2020 9:44am

You really need to talk to a solicitor.

Xterminator · 13-08-2020 10:00am

read this, get solicitor,

https://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/family_home.html

willdill · 13-08-2020 10:19am

December2012 wrote: »

What does your ex propose yous do? Is it possible to sell it to the Local Authority but have your ex stay in as a local authority tenant?

She just refuses to budge on anything.Wont sell or move so that's why I was hoping I could maybe sell my share or something so I can move on.I really do t wana walk away the house is in near 150k equity..

jrosen · 13-08-2020 10:25am

willdill wrote: »

She just refuses to budge on anything.Wont sell or move so that's why I was hoping I could maybe sell my share or something so I can move on.I really do t wana walk away the house is in near 150k equity..

You dont/wont have to walk away but its going to be a long process.

The fact that the house is in positive equity is a good thing.

Are you sure you cant buy her out? I would speak to the bank and see what your options are with this. You may be surprised.

The solicitor will more than likely tell you to move back in. If you move back in it could hurry the process and the plus side being you will be with your child. You should try and encourage mum to engage, this wont end well for either of you once you hand control over to the courts.

stinkbomb · 13-08-2020 10:51am

tayto lover wrote: »

It’s not your half either.
One-third hers.
One-third the child’s. If she’s under 23 and still in education I believe.
One-third yours.

This is nonsense. Children of homeowners don't own a part of the home.

13-08-2020 10:54am

stinkbomb wrote: »

This is nonsense. Children of homeowners don't own a part of the home.

But I read it on boards.ie
It must be true

Treppen · 13-08-2020 10:54am

mickuhaha wrote: »

You need the other Owner to agree to sell the property. You never know when a next baby will be along. Next in line would be bring a case to court which will be costly. Lastly you put yourself into bankruptcy and in a few years you get to move on but never be able to get a loan.

Do an Ivan Yeats and 'live' in Wales for a year.

Treppen · 13-08-2020 10:55am

Elessar wrote: »

Jesus you're getting taken for an absolute ride mate. Stand up for yourself. It is NOT ok for you to be paying the full mortgage while she gets a free house and you have to couch surf.

Tell her you're moving back in unless she contributes jointly to your jointly owned home.

There's a child involved mate

paw patrol · 13-08-2020 11:06am

dude, you are being rode silly here by your ex.

it will be seen that you left the home. Judges will then try keep her in situ cos you seem happy enough to coach surf.
It's not your fault your ex can't afford x,y and z - that's her issue.

Move back in , suck up the pain and get the legal crowd involved and sort it asap

ted1 · 13-08-2020 11:07am

willdill wrote: »

Too much fighting and stuff going on,stress levels have had enough so i really need out mate..

Move in, then put the house for sale. Moving out gives her more ownership.

Smouse156 · 13-08-2020 11:40am

BrownFinger wrote: »

But I read it on boards.ie
It must be true

Seconded! Boards.ie is Gospel!

stinkbomb · 13-08-2020 12:00pm

ted1 wrote: »

Move in, then put the house for sale. Moving out gives her more ownership.

He still can't put it up for sale whether he move in or not. Both parties need to consent to sell.

Moving back in might be a good idea from a financial point of view, but as a parent it sounds like a toxic atmosphere to put your own child.

My advice to OP is pay half of the mortgage and let her pay her half. And see a solicitor. A judge is very unlikely to order a sale of the home until the child is 18 at the earliest.

fletch · 13-08-2020 4:26pm

OP I was in a similar position (luckily without children involved)...your only next step is to seek the advice of a solicitor.

In my case, my solicitor issued Circuit Court partition proceedings to force the sale of the house...luckily my ex saw sense before court and agreed to a sale (eventually)...but in your case, with a child involved, I can't see a judge ordering the sale of the house until the child is at least 18/finished college

Donald Trump · 13-08-2020 5:18pm

Might be too late to move back OP.

Her new boyfriend(s) might be moved in and enjoying your house (and your ex) at your expense and for free

LJ12345 · 13-08-2020 7:25pm

I’d get onto the bank and see if it’s possible to pay interest only on the mortgage to free up some money for you and also not pay into your ex’s capital on the house and then next step is to get legal advice.

Can i sell my half of home

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