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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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Mortgage with ex partner

Resolved Question:

I owed a house with my ex partner I've paid all the mortgage payments in last 18 months I can't get another mortgage got a better chance if I leave it another 9 months to try if not I will sell if he took me court to sell what chances I could win and not sell the house for time being. I also live across from my parents which my dad has Parkinson's and has early dementia to which I help a lot. I would like 1 year to try and get a mortgage if can't be done then I will agree to sell giving me time to find a house in the area. Would all this and fact he hasn't help financial work in my favour?? Also house was bought in my name 1st he was added on 2 years later then we spilt 18 months after this for time he was living with me he never paid his fair share of the mortgage to which I can approve this
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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?
Were you married to each other and are there any children involved?
Clare
Customer: replied 3 years ago.
Hi house is worth £110.00 approx what I paid for it my mum and dad give me £21.500 despot which has declaration of trust. Mortgage has £86,573.30 left to pay. We were not married and we have no kids. He did sign and state ( to which I have) he wouldn't take any action but sure if that will stand up to anything but worth advising of it.
Expert:  Clare replied 3 years ago.
Hi
Is there no way that you can get him released from the mortgage?
Clare
Customer: replied 3 years ago.
Hi Clare No I need to get mortgage in my name which I'm finding hard I had default jan 2013 due to him leaving me with debt everything been paid in full since I got 2 payday loans as wonga said it wouldn't affect my credit file but it would improve it. So now I've found mortgage companies look at this bad which I wasn't aware of as I did struggle for a few months but now my finances are better now I did go from 2 wages to
1 but mortgage companies don't care about this. I've got a better chance of a mortgage if I wait 12 months from payday loan which was jan this year
Expert:  Clare replied 3 years ago.
Hi
Have you spoken to a mortgage broker about this?
Clare
Customer: replied 3 years ago.
Hi Clare I have they said payday loan has affected me and to leave it 12 months will speak go
Someone else to get a 2nd opinion if not where do I stand if he forces me to sell thanks Kerry
Expert:  Clare replied 3 years ago.
Hi
How insistent i she at the moment (I am trying to gauge how much room we have to drag your feet)
Clare
Customer: replied 3 years ago.
Hi Clare we spilt up 18 months he just getting back at me as I end relationship. I've good a sick dad and can't be doing with stress. I will agree to sell if nothing can be done 12 months from now thanks Kerry
Customer: replied 3 years ago.
Hello Clare Anymore update? Thanks Kerry
Expert:  Clare replied 3 years ago.
Hi
The fact is that of you cannot get your ex released from the mortgage then yes your ex can apply to the court for an order for the sale of the property - and it will be granted.
Sadly none of the reasons you put forward for delay would be seen as valid
Having said that the simple fact is that the court proceedings will take time - as will the sale process - and would also cost money
Accordingly a nine month delay with a clear written agreement for the marketing of the property at the ned of that period if need be would be a very reasonable offer to make - and if it is not accepted then the court process could certainly drag on long enough to gain you the time you need!
Please ask if you need further details
Clare
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