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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33279
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello I seperated from my fiance 6 years ago, I am still

Customer Question

Hello

I seperated from my fiance 6 years ago, I am still on a mortgage with him and trying desperately to get off.His mother and father live in the property at present. Hes been trying to get a mortgage to take over it solely but apparently cant get a mortgage to cover it. I worked abroad for three years and returned in january 2012 requesting he sort it but a year and a half later we are sti no further. What is now my best option going foward please?

Many thanks

Zoë
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?
Claire
Customer: replied 3 years ago.

I believe the house is worth about £160, 000 but there was a deposit of £16, 000 its been on a rolling interest free mortgage and it never changed,


 


Thanks


 


Zoë

Expert:  Clare replied 3 years ago.
Hi
Sorry can you explain the mortgage position a little further please - what do you think the equity is?
Claire
Customer: replied 3 years ago.

Hi Claire



There is poss now I would say about £8, 000 of equity in the house. I dont want any money from the house I iust now would like my name off the mortgage. He is now living with and engaged to someone else and expecting a baby. All I want is for me to be removed from the mortgage and to try to either make that happen or force the sale of the house if possible?



TThanks



ZZoë

Expert:  Clare replied 3 years ago.
Hi
That is a generous approach - especially given the fact that he has messed you around so much
In that case I suggest that you write him a clear letter giving him 28 days to arrange you release from the mortgage and telling him that if he does not then you will be making an application to the court under the Trusts of Land and Appointment of Trustees Act (TOLATA) for an Order for sale - which will be granted - and will claim costs
The application is not straightforward as it is not just a matter of filing in the forms - but it IS something you can do yourself if you wish - and since you have no children together there is little doubt that you will be successful
I hope that this is of assistance - please ask if you need further details
Claire

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