How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Nicola-mod Your Own Question
Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 20
Experience:  Moderator
73944119
Type Your Law Question Here...
Nicola-mod is online now

my partner and his sister have a joint mortgage on the house

Customer Question

my partner and his sister have a joint mortgage on the house we are living in we have paid the motgage and any arrears every month without fail for the last 3 and a hlf years since we lived here she not paid anything towards the mortgage or arrears how do we stand with removing her name
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

Do you know if your partner and his sister hold the property as joint tenants or tenants in common?

 

Have you discussed buying her out?

 

Kind regards

AL

Customer: replied 3 years ago.

no to both your first 2 questions no to buying her out as there is no equity in the house and she not paid anything at all towards mortgage,arrears or maintaing the property for the last 3 and a half years

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Thanks for your reply.

 

As she is a legal owner of the property, she needs to consent to the property being transferred into your partner's sole name, even though she hasn't been paying the mortgage etc.

Likewise, if the property is sold, she would need to sign the Contract, agreeing to any such sale.

 

You do really therefore need to make her see sense and hope common sense prevails. Although drastic, your partner could go to Court and obtain an Order for Sale, if she was not willing to sell. Perhaps you could suggest to her that this action will be taken if she is not willing to transfer the property to your partner.

 

Equally drastic would be to threaten to stop paying the mortgage and therefore her credit rating would be adversely affected (but so would your partner's).

 

There is therefore no magical legal solution to your problem, but I hope I have set out the legal options.

 

If I have assisted, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Customer: replied 3 years ago.

need more questions answered could i come back to you tomorrow

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

I hope I have answered your question, but if you require further clarification, please feel free to come back to me tomorrow.

 

I will be on line 8am till 11am and then back from 7pm onwards.

 

Kind Regards

AL

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

Related Law Questions