My ex-partner and I both jointly own a flat in London. We were never married, but had been together for 12 years. In that time, we put in equal cash to buy the flat without a mortgage. I have since moved to Australia with my work and am likely to stay here. I would therefore like to sell the flat that my ex is still living in. Ideally I wouldn’t need to return to London to do this, but I’m not sure how I can sell the property and split the funds with him still living in it?
Your ex-partner will have the option to buy you out, but it has to be at full value. If he is unwilling or unable to do so, the property will have to be sold, and there is a court process to force that to happen. It seems to me rather unfair that he has been living in it rent free all this time. That points to taking steps fairly quickly to bring the situation to a close. There is no need for you to come back to London to do this, except in the most unlikely event that the matter went to a full court hearing. We can sort everything out from here.