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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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I wonder if you could help me. Here is my situation. I

Resolved Question:

Hi
I wonder if you could help me. Here is my situation. I own a house with my ex-partner. i left the house in 2008. He has been paying the mortgage on his own since then and my name is ***** ***** the mortgage. There is equity in the house. I would like to remove my name from the mortgage but keep my rights or transfer my rights to the property to my daughter who will be 18 in 2 years.
Is this possible and what is the process?....
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?
Why do you not wish to receive your share of the equity now?
Clare
Customer: replied 2 years ago.
Hi Clare
There is £61,000 left to pay on the mortgage and the house is worth about £180,000.
I would want to get my equity as it looks to be the best option for me. Need to know every steps I need to make/take to get there.
Thanks
Expert:  Clare replied 2 years ago.
Hi
For clarity - were you ever married to your ex and who does the child currently live with?
Clare
Customer: replied 2 years ago.
We were never married. We lived together for over 15 years. The child lives with me.
Expert:  Clare replied 2 years ago.
Hi
As a joint owner of the property you can apply to the court for an Order for the sale of the property and the division of the equity between you
The process is set out here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Your starting point is to try and discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
If that fails then you can start the process
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you for the information. It is very useful. Just couple more questions:
- if my ex refuses to go to mediation, then the next step would be going to court. If this is the case I guess the cost would have to be covered by myself. Can they also look into my financials and can he claim anything towards it or is it just the property that we owned together that it's going to be looked into.
- in your experience are these situation usually resolved within a year or can it takes longer.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid the initial cost will be yours - but you may be able to claim it back, your ex has no claim on any of your other assets
It shoudl be sorted within six to nine months (on average)
Clare
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