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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi Ive been paying my mortgage on my own for 3 years now its

Customer Question

hi I've been paying my mortgage on my own for 3 years now its a joint mortgage with my ex partner I've also been paying service charges and well for the property , I've told her many times she needs to do a letter to take herself off the mortgage but she hasn't done this. am I Intitled to what she owes me over the 3 years ? she's also been given a car and I'm still paying for it

help please lee
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Where has your ex been living the past three years?
Claire
Customer: replied 3 years ago.
Hi there the house is worth around £145000 and there's about £115000 left to pay , I've no idea where she's been living and haven't seen her in a longtime , there's really no money in the house even if it was sold
Expert:  Clare replied 3 years ago.
Hi
Have you obtained the Transfer form?
Claire
Customer: replied 3 years ago.
Yes I have got form
Expert:  Clare replied 3 years ago.
Hi
Can you contact your ex?
Claire
Customer: replied 3 years ago.
No I can't as I don't know where she is
Expert:  Clare replied 3 years ago.
Hi
How was the original purchase funded - who paid the deposit?
Claire
Customer: replied 3 years ago.
The deposit was paid out of my Lloyds account
Expert:  Clare replied 3 years ago.
Hi
How much was that - and did you protect it with a Declaration of Trust
Claire
Customer: replied 3 years ago.
It was 10% of mortgage which was £133'000 what do you mean by declaration of trust ? Not sure what that is , I paid the deposit of the mortgage myself
Expert:  Clare replied 3 years ago.
Hi
My concern is that since you did not make an agreement with your ex that you would get your money back first when the house was sold the current position is that the equity will be shared equally between you - and I suspect your ex will see £12,500 as a very respectable sum.
In addition you cannot claim back any of the mortgage payments that you have received as you have been living in the property and she has not (although there may be some leeway with the car payments)
If she does agree to the transfer then it will also be at your cost
The starting point is to find her - any enquiry agent should be able to do that for you - and to ask her if she will agree to this.
The only option that you have if she will not is to apply to the court for an Order for Sale and within that negotiate the Transfer with her - sadly an Order for Sale is the ONLY court options
I appreciate that this is grim news but please ask if you need further details
Claire

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