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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7475
Experience:  UK solicitor
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My ex moved out 6 years ago I have paid the mortgage since

Customer Question

My ex moved out 6 years ago I have paid the mortgage since and have got married and my wife has invesyed 20 thousand into the property to do it up we can not remortgage at present but now the ex wants some money and wants the house valued what cam see do when she moved out tje house was in negetive equity its obviously worrh a lot more now but until we can remortgage we can not get her name of the mortgage please help
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi

Is your ex partner named on the land registry title for the property?

Kind regards

Tom
Expert:  Thomas replied 2 years ago.

Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 2 years ago.

Yes she is.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

Drafting your answer now. 5 mins please.

Kind regards,


Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

Basically. if she is not minded to apply to court for an order for sale then nothing will happen. If you cannot afford to buy her out then this is her option. If she will not apply to court then the situation stays as it is now, but you need to start thinking about how you are going to buy her out.

The bad news is that if she applies to court for an order for sale then it’s likely that the court would grant an order for sale (assuming there are no children of the relationship) because they do not like people being exposed to mortgage liability when they do not wish to do so.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally. Unless there is a declaration of trust (for which you must hold your property as tenants in common) then there is a presumption that each party retains a 50% interest in the equity in the property. So, if and when the property recovers some equity then she will be presumed to have a 50% interest in the property.

f one person has maintained the payment of the mortgage for a considerable time and/or contributed more when purchasing the property initially and the other party has not contributed to the household expenses at all then the person can attempt seek to claim a greater interest by litigating. However, litigation in this area is very expensive (there is no legal aid) and can take a long time if the other party disputes This would be litigation under the Trusts of Land & Appointment of Trustees Act. Six years mortgage payments is the sort of thing that can potentially form the basis of litigating to claim a greater sharer but the legal fees are large .

I think you’re going to have to try and string her along in order to avoid her applying to court to give you a bit more time to remortgage.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom

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