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Nicola-mod
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Category: Law
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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,

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Thank you,
Nicola

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