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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7475
Experience:  UK solicitor
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I have mortgage in joint names and have been separated from

Customer Question

I have mortgage in joint names and have been separated from the other party for 4 years. She still lives in the property and I am still paying half the mortgage and she pays the other half. I have remarried and bought another property and no longer want to pay half the mortgage on property. She is refusing to sell the property and won't transfer mortgage to sole mortgage... Is there anything I can do to free myself from this mortgage?
Submitted: 6 months ago.
Category: Family Law
Expert:  Thomas replied 6 months ago.
Hi, Were you married to your ex?Are their any children of your relationship with your ex?Tom
Customer: replied 6 months ago.
No not married, one son but he is 24 years old...
Expert:  Thomas replied 6 months ago.
Drafting your answer now. 5 mins please. Tom
Expert:  Thomas replied 6 months 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 ex 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=49You 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.You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot/will not demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to her name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.It can take some time, usually because of valuation issues because a balance has to be struck, but ultimately you will be successful. 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
Customer: replied 6 months ago.
There is no equity in the property does that matter?
Expert:  Thomas replied 6 months ago.
Hi, Do you mean that the property is in negative equity? If so, by how much..Tom
Customer: replied 6 months ago.
No I mean sale the property would only raise enough to clear the current outstanding mortgage.
Customer: replied 6 months ago.
If I was to speak with solicitor and apply to the courts to force a sale do you have an idea on the cost to for the solicitor and the application?
Expert:  Thomas replied 6 months ago.
Hi, If there is only marginal equity in the property then you should still be successful in getting an order for sale. A consultation with a solicitor for an hour would cost around £150+ VAT. For a solicitor to act on your behalf you would be looking at anywhere between £1500+5000 depending on how protracted or disputed proceedings ultimately turn out to be. Please do remember to rate my answer. Tom
Customer: replied 6 months ago.
What is the fee for the SEV application as it is required when completing the form. I take it I am still responsible for mortgage payments when my status is tenants in common...
Expert:  Thomas replied 6 months ago.
Hi, I believe the fee should be "Nil" but I would contact the land registry to find out. You both remain jointly and severally liable for the mortgage payments regardless of whether you hold as (1) tenants in common" or (2) joint tenants). Please rate my answer now. Tom

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