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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister bought a house with her boyfriend 25 years ago with

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My sister bought a house with her boyfriend 25 years ago with a 25 year interest only endowment mortgage. They split up after about 7 years in the house following unreported domestic abuse and my sister moved away with their son leaving the father in the property. My sister has since lived on her own with her son and with family supporting her financially as no support was provided by the father. The property remains in joint ownership at present but the mortgage needs repaying in a few months. The endowment policy to pay the mortgage was not continued. How does my sister now stand in respect of having rights over the property?? The father wants to keep the property and has offered a small sum of money to buy my sister out. Mortgage payments are all up to date albeit its highly possible that the benefits office have been paying the mortgage over the years.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will 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?
How old is the child and why did your sister not claim Child Maintenance?
Clare
Customer: replied 2 years ago.

Valuations on the house are circa £135k. The original mortgage was approx £43k and this full amount is still outstanding. The endowment policy taken at the time of the mortgage that should have been used to help pay off the mortgage on maturity was stopped approx when my sisiter left the house and is worth circa £3.4k. The child was18 years old in November 2014. No maintenance was claimed probably for 2 reasons: first my sister wanted no contact as she was frightened of her partner and secondly the belief was that she would nt get anything as he was not earning enough money (rightly or wrongly). is believed that the mortgage was possibly being paid by the benefits system albeit we have no proof of that.Oddly some time over the last year (approx date needs confirming with my sisiter) a very small ' maintenance' payment came out of the blue from the partner.I will confirm how much as soon as I have spoken to her.

Expert:  Clare replied 2 years ago.
Hi
Is your sister willing to take action to force a sale of the property?
Clare
Customer: replied 2 years ago.

Hi Clare


My sister has always been reluctant (scared) to go down this route, but I will ask the question. I'm afraid she is one of those people who cant deal with confrontation and unable to deal with situations like this which is why I am acting on her behalf.


 


I have tried calling her but no reply but will continue calling until I make contact.

Expert:  Clare replied 2 years ago.
Hi
That is fine simply reply when you can
Clare
Customer: replied 2 years ago.

Hi Clare


sorry for delay - sister been away for a few days.She does nt particularly want to take action to enforce a sale. The other party are prepared to buy my sister out and take on the current mortgage so that they can retain residency. Not sure if they plan to pay it off or renew the mortgage. The question is I guess what is reasonable to accept bearing in mind my sister has nt lived there for sometime. It probably has no bearing on the case but the facts that family have provided significant finance to keep her going since leaving the house (she has spent most of that time living in a 1 bed 'studio with her son in the bedroom and her sleeping on a sofa!!) and we suspect the mortgage was largely being paid for by the benefits system and there have been no real maintenance payments on behalf of her son. It might be worth mentioning my sister advised that out of the blue she received 2 child support payments recently of around £70 each. The first came just before her sons 18th birthday and the other just after his birthday. She queried it but was told just pay it into her bank.

Expert:  Clare replied 2 years ago.
Hi
The simple fact is that your sister is entitled to 50% of the equity and £45,000 is a great deal of money to give up
Obviously her ex will try and argue that he should have a larger share since your sister moved out - but given that he simply lived there and your sister never purchased another home I do not believe that the court would be sympathetic to him
The way forward is up to your sister.
She can negotiate with her ex using Family mediation: she can call for a sale of the property; of she can wait and see what happens next
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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