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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My ex entered an iva in Dec 2012. I was sent an rx1 which I

Customer Question

My ex entered an iva in Dec 2012. I was sent an rx1 which I refused to sign. Can the ip force a sale of my home which I am allowed to live in with our son. I have been paying the mortgage solely since Aug 2011


We weren't married & have a joint tenancy

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did your ex pay any of the mortgage please?
JACUSTOMER-94e9nu6m- :

Yes, half from Nov 07 to Jul 11

Alex Watts :

Its bad news I am afraid.

Alex Watts :

If you refuse to sign the document then the Receiver could apply to the Court to sell the property.

Alex Watts :

Your ex, if half has been paid, has a beneficial interest in the property, even if it is small.

Alex Watts :

The Receiver may ask you to buy back that small beneficial interest

Alex Watts :

But in theory the IP could force sale, but this would take time and you would be able to buy back the interest.

Alex Watts :

However if there is little or no equity the IP may not do this

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-94e9nu6m- :

Oh that is bad news. At the date he left the property he only had about £3k in it, as the house value went down £20k at that point in time. Obviously I've got more as I've reduced the amount left on the mortgage by £10k since he's left. Is it worth making it tenants in common? Thanks

Alex Watts :

At this stage I would not.

Alex Watts :

It may be you only need to buy his interest which may be very low

Alex Watts :

Does that help?

Alex Watts :

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