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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Legal rights of a joint mortgaged property Assistant: Thank

Customer Question

legal rights of a joint mortgaged property
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: non married couple bought a property in the uk. Seperation then man moved out but continues to pay 50% of mortgage but now wants to be bought out but woman is saying he must fight her for it and he will lose because she lives in home with 3 children What are his rights regarding this situation?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are there any formal agreements between them regarding the property?

-How old are the children and are they both their parents?

-What is the value of the property and outstanding mortgage?

Expert:  Harris replied 10 months ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 10 months ago.
Hi, the formal agreement is that he has a 30% share and she has a 70%They are NOT his children. 3 children, 9 year old and 13 year old twins.Property was bought for £350,000. He put in £50,000 and I believe she put in £200,000. The rest is a mortgage which he was paying 100% for a few months after he moved out and now he pays 50% of the mortgage. The property was valued at £385,000 6 months ago.Thanks,
Expert:  Harris replied 10 months ago.

Thanks for confirming. Given that they are unmarried and have a formal agreement in place, legally he is only entitled to 30% if the proceeds of sale. If she is unable to buy out his equity then he would be entitled to pursue a court application to force a sale of the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 10 months ago.
Does 'would be' mean that he is definately entitled to persue a court order or 'maybe? What about the children? Do they get factored into it, even thought they do not belong to him? What rights does she have to stop him from pursuing it?
Expert:  Harris replied 10 months ago.

He is entitled to pursue a court application to force a sale if they cannot agreed.

If he had assumed financial responsibility for the children then there would be argument that a claim can be made to remain in the property for their benefit - however, if he has not assumed financial responsibility and their biological father is still in the picture then he would not be subjected to provide for them and they will not be factored into his claim to sell.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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