Can she force him to sell?

Question

My cousin recently split up with her partner of 9 years.

They bought a flat together 5 years ago.

When they broke up she was upset and left the flat went to stay in her mothers. She has been there for 6 weeks.

While she was there she was still paying her half of the mortgage because she has to pay it even if she’s not living there.

She spoke to her ex about what they should do with the flat.

Both their names are on the mortgage, they own it 50/50.

She doesn’t want to live in it and he doesn’t want to leave it.

She suggested they both leave, sell it and spilt the money.

He refused since cost €340,000 5 years ago and it’s only worth €325,000 now. So even if they sell it they will still owe money on it.

She asked him to buy her out but he refused.

What can she do?

She can’t stop making her payments, if she defaults on the mortgage if will affect her later.

Can she somehow force him to either r share or just sell and split the money.

(It’s a 1 bedroom place so she can’t threaten to rent out her half or anything)

This is in Ireland by the way and the are not married.

Answer 1

If they were married, they could settle it in divorce court.  Since they are not married, they have to settle it in court.  Never, never, never get into joint property ownerships or other joint obligations when you are not married!  Sheer idiocy.  If you cannot or will not commit to the relationship, don't commit to liabilities!  She has no alternative but to hire an attorney and file suit.

Answer 2

She needs legal advice. This is a very difficult position to be in, no matter what country you live in. Litigating will be expensive. This is actually a very complicated problem--too difficult for this forum, but yes, a court could force a resolution.

Best of luck to her.  

Answer 3

I would suggest she contact the Citizens Advice Bureau

take care

Julie x

Answer 4

hi if he doesn't want to sell then he must carry on paying his half of the mortgage or she could buy him out and own the property out right. but like the others has it best to get proper legal advice as there not married  

Answer 5

She needs to move in and him move out.  She gets roommates and covers the mortgage payment.  Someday it will go up in value. She has few options and they are all bad. /