Anyone know anything about UK real estate?

[Dave Gilbert]

Hi everyone. My fiance and I have been having a bit of trouble with her old house, and we're not sure what to do.

Years ago, she was living with a guy and they bought a house in Stoke-on-Trent together. Eventually, they split up with the understanding that he'd buy her half of the house from her.

Two years later, he still hasn't done it. He has the money, but he says he just "can't be bothered" to fill in the paperwork. So basically he's living in a house that he only half paid for, while my fiance is out over ten thousand pounds.

She has consulted lawyers, but they told her there is not much she can do because her name is on the deed.

So, my question is this. Is there any way to FORCE him to buy her half of the house? What are her options? We've tried pleading with him, we've tried being patient, we've tried everything, but he just puts us off or says he'll "get to it soon" and never does. 

Any advice is appreciated. Thanks!

-Dave

[SSH]

Threaten to feature him as a unsympathetic character in one of your games unless he acquiesces?

Change the locks?

Send him a legal-looking invoice for back-rent?

[Raider]

Have you tried getting all of the paperwork ready to go and everything sorted? So then just take it around to the house and all he has to do is sign? I don't know much about the process but if you could do the legal/paper work for him and show up at his place, then he will have no choice but to sign (unless he is deliberately not doing it just to spite your fiancee)

[InCreator]

I don't know much about UK laws in particular, but some things should be same in all EU, I think.

1) Do they both own their half of house ON PAPER?
If so, he has as much right to live there as your gf, because he's rightful owner of an imaginary (don't know if it's the legal term, English?) portion of real estate. Which still counts as being owner.

2) Was the "will buy other half later" thing ON PAPER when they bought the house? If so, was there a deadline?


Otherwise, I don't see really what should FORCE him to buy other half. It's like living in a flat - you and all other tenants own an apartment in a building - therefore a portion of the whole building, but it's quite stupid for neighbor to say that you must buy his apartment, and other apartments too after some time.

Words, especially if there's no-one to prove those, do not cost air they consumed... in modern world.

3) Atleast where I live, owning a portion of property gives you legal advantage - first-buy-right if other owner(s) decides to sell his/their portions. I mean, if your unwanted neighbor decides to sell his portion, he has to ask your gf if she wants to buy it and if so - sell to her, if not, he can sell it to whoever.

Maybe UK laws are different, but it still might help you somehow.

[Dave Gilbert]

Yeah, that's the problem InCreator.  They both own it on paper, and the deal to sell her half to him was made verbally. 

Have you tried getting all of the paperwork ready to go and everything sorted? So then just take it around to the house and all he has to do is sign? I don't know much about the process but if you could do the legal/paper work for him and show up at his place, then he will have no choice but to sign (unless he is deliberately not doing it just to spite your fiancee)

Well, one issue is that he lives on the opposite end of the country from her, so it's not
easy for her to just head over there.  Plus he needs to call the bank to get the forms anyway (they need his account number, which she doesn't know), and he hasn't bothered to do that yet.  

She could go to court, and she'd win, but she'd have virtually nothing by the end of it.

[InCreator]

Why not sell half of the house to someone else?
EDIT: You might think it's difficult to find a buyer, but if he delays and shows no motivation to buy it, maybe finding another buyer would be quicker?

Money will be money either way!

[Dave Gilbert]

She could, but who would buy half a house?

[InCreator]

Someone who has no money to buy whole of it?
In a global economic crisis, I don't think there would be so few?

[Layabout]

Ok, a few questions.

Do they have a joint mortgage?

I'm guessing it's joint ownership, correct?

Unfortunatly, you need both people to sign to sell the house if it is joint ownership. If she is still on the mortgage, that is a baaaaad thing. Essentially she is paying for a house she doesn't live in and get's nothing out of.

Also, with the tumble of house prices in the UK, she may be owed less than the £10,000.

Is the £10,000 the deposit she contibuted?

I might have to phone a friend.

edit

AFAIK, you could take him to the county court and force a sale of the property, I think to file a claim in the UK is relatively inexpensive in the County Courts, and may be well worth it. It might just give him a shock.

Another q... does he live in the house? Sheffield and Stoke on Trent aren't that far away really.

And Dave, a lot of people would buy half a house, if not to live in, but just invest.

The whole joint ownership, break up thing is always going to be messy.

Lots of thoughts going through my head. Go see him, go to the bank with him and sort the whole thing out. But since you are in america, that would be difficult.

I dunno really. Just send him a claim letter from a solicitors for £10,000 + costs) :p

[Andail]

How about you exercise your right to move in there, and behave like scumbags? Maybe that'll speed up the process.

[InCreator]

Yea, meeting him naked at bathroom door few times, leaving really smelly socks onto his bed/dinner table/etc and washing his stuff with some of yours that give color, should hurry things a bit

[SSH]

Watch the Johnny Depp movie "Secret Window", it should  give you some ideas...