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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can i make a application to the court to sell my partners and

Customer Question

Can i make a application to the court to sell my partners and I second home which is in joint names and is rented out

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
When does the tenancy expire?
Clare
Customer: replied 2 years ago.


Hello we have a mortgage on it for £120,000 and it is worth say about 230,000 as my sister is living there she would leave when ever no problems there i live in our main home with my ex partners daughter


Kind Regards sharon

Expert:  Clare replied 2 years ago.
Hi
Why will your partner not agree to the sale?
Clare
Customer: replied 2 years ago.


He wants to take me to court for it he thinks he can win it if i keep the family home which i have lived in for 34 years as i had it before we were together my ex husband signed it over i feel as the mortgage was only low on the family home about £44,000 when his name went on and over the years we have remortgaged a few times it now stands at 61,000 we brought the flat the 2nd home as it was my mums home so she got a big discount .


we first sorted it out ourselfs as he has a very good business which he started a few years ago plus he will have his mums home when is passes she is almost 90 now and he also has a 3rd house which we brought for my mum we remorgaged the 2nd home to buy it which i then had to take my name off as my business got in trouble and had to get a loan i had a bad credit make so taking my name off was the only way so stitched myself up there. so we worked out if i kepted the family home and the flat which could earn me a money wage if done up as it is in a good location he would keep the 3rd home his earning power far outreaches mine but now he has changed his mind

Expert:  Clare replied 2 years ago.
Hi
Are you married?
How much is the family home worth - and how much is the third property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.


Hello no we did not marry the family home is worth about 280,000 and the 3rd property is worth 150,000 but we have it signed my mum can live there until she passes no mortgage on it


sharon

Expert:  Clare replied 2 years ago.
Hi
So there are three properties with equity of roughly
£215,000; £110,000 and £150,000.
The third property is in his sole name BUT was purchased form joint monies
Is all of that correct?
Clare
Customer: replied 2 years ago.


HI yes 3 altogether 3rd home was brought from a mortgage raised on home number 2 the one i would like sold it was a rent to buy mortgage so we rent the flat to pay the mortgage on it so we brought number 3 house outright no mortgage on it yes his sole name now but only because i had to it did start off in joint names


sharon

Expert:  Clare replied 2 years ago.
Hi
So why will he not agree to the sale of the second property?
Clare
Customer: replied 2 years ago.


he wants it himself not to live in just to do up and either rent out for more or sell where as i could do with selling it and paying my bills as my business is very small barely make a living plus i have back taxes to pay as well as national insurance to pay at almost 54 i have no pension and no saving sellng it would allow me to kind of get a bit better life he is due to marry in a few weeks so he is fine


sharon

Expert:  Clare replied 2 years ago.
Hi
If you force the sale of this house what is he likely to do about the house you live in which is also in joint names?
Clare
Customer: replied 2 years ago.


well thats the big question i feel i have more chance of holding on to this one as the mortgage is still higher then when he first started paying it and has not done any thing to it i always did any work on it paid for the new kitchen and bathroom brought most of the stuff in it plus i am Agoraphobia he did not move in until our daughter was 10 as he worked about 50 miles away so only came at the weekends and our daughter still lives here for almost half the year


sharon


Expert:  Clare replied 2 years ago.
Hi
is your daughter under 18?
Clare
Customer: replied 2 years ago.

HI, No she will be 20 in august but she is at uni so home a lot


sharon


 

Expert:  Clare replied 2 years ago.
Hi
Since you were never married and your daughter is over 18 there is no basis on which the court would not order the sale of the property in which you live if your ex choses to apply for an order for sale in response to your trying to force the sale of the second property
On the positive side you have a good argument for saying that you still have a 50% interest in the third property - but on the negative side he probably has a 50% interest in the equity in your home
If you take steps to force the sale of house two - as you can do - then it would be sensible to negotiate the position on the others houses at the same time
You could use Family mediation (www.familymediationhelpline.co.uk) to negotiate this
Please ask if you need further details
Clare

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