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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I recently purchased a property with my now ex partner. I put

Customer Question

I recently purchased a property with my now ex partner. I put 100% of the deposit down (25k) and he did not contribute. Both our names are XXXXX XXXXX mortgage. When the purchase of the house was going through I was serving overseas so my partner at the time dealt with the completion of sale. I have recently found out that he deliberately chose not to inform me that the solicitors advised that he should have been placed on the deeds with a no equity share as he did not contribute to the deposit, so he is down as an equal equity share. I wish to remain in the house and have been paying all the bills and mortgage payments for the last few months. He wants his name off the mortgage, I have tried to get his name removed with the mortgage company but this is not possible at the moment. He is threatening a force of sale. Could you please advise what options are available to myself?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Was the solicitor acting on your behalf also, and if so, did you ever see the solicitor and take advice?

Customer:

Hi,

Max Lowry :

Hi

Customer:

it was the mortgage providers solicitors (santander) so acting for us both, I never saw the solicitor as I was overseas and they only called me once to confirm my name, address of the property and the purchase price.

Max Lowry :

Ah okay. Well, the solicitor will likely be your solicit, acting for you (and the bank), and I assume you paid for them?

Customer:

At the time he paid for the solicitor fees but I have repaid him the legal costs which came to £2000.

Max Lowry :

Okay. Well, you may very well have a claim against the solicitors here for professional negligence. They would have been acting (it seems) on behalf of both of you in connection with the purchase. They should have made sure you were BOTH aware of the position on how to hold the property - not him alone.

Max Lowry :

As such, and because of how this has been dealt with, you may both own 50:50, which isn't how it was intended to be it seems. As such, a prof neg claim might be the best way forward for you.

Max Lowry :

You should act on this immediately, as many solicitors will consider doing a no-win no-fee on this type of thing, but the law changes in April and it might prevent solicitors from entering into this type of agreement.

Max Lowry :

I would strongly suggest that you see a solicitor immediately and go through this chapter and verse with them on potentially bringing a claim and in defending any claim to an equal ownership of the property if possible.

Customer:

thats good to know, I believe he has already contacted solicitors with the force of sale, I have not received any letters yet though. What action can I take against my ex partner if he goes ahead with the force of sale?

Max Lowry :

You could oppose it, the Court needs to order the sale before it can be sold. You'll have contested Court proceedings if you oppose it.

Max Lowry :

This is why seeing a solicitor and going through it is very important.

Max Lowry :

If you oppose, you'll have like a min-trial, as to whether it's appropriate for it to be sold.

Customer:

What does contested court proceedings mean? How long does it usually take for a court to order a sale? Is this possible even though all mortgage payments are being met?

Max Lowry :

It means a Court battle.

Max Lowry :

From start of court proceedings to the end, in something like this, perhaps anything between 5 to 12 months.

Max Lowry :

And yes, it's possible even though mortgage payments are being met.

Max Lowry :

The mortgage payments are irrelevant as this isn't action taken by the lender.

Customer:

I will make a solicitors appointment asap. with myself putting the 100% deposit and him not contributing, him signing solicitor documents on my behalf without my self viewing them and not telling me about the 0 % equity share even though the solicitors informed him, is that a strong case? He left the property I did not force him out. How does he stand with not paying his share of the mortgage?

Max Lowry :

I think you have a good case against the solicitor on the face of it. He should have written to you too an advised you of the position and your ex benefitted from his failures.

Max Lowry :

If he should have paid 50% of the mortgage and he hasn't, then you should be able to sue him for his share, OR have that taken from any proceeds of sale.

Max Lowry :

The court has a discretion when deciding whether to order a sale - and his failure to make payments, and the circumstances at the time, may prevent him from getting the order for sale. There are no hard and fast rules as such, it's a matter of the Court's discretion.

Max Lowry :

But, it's complicated by the former solicitors potential negligence, and so, it's best to get this looked at ASAP.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Customer:

Thank you very much for your help and advice, I will rate your advice as excellent :-)

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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