How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I have a mortgage on a property with my ex partner. We split

Resolved Question:

I have a mortgage on a property with my ex partner. We split 2 years ago and I moved out of the property 23 months ago and haven't returned since. She has stated I am not welcome and has refused me access to any of the household items that were purchased by myself with the exception of clothing and personal documents. She is adamant she is living in the property and that I can't, at the same time she is insistent I pay 50% of the mortgage and ground rents on the leasehold. Is this right by the letter of the law?
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?
Are there any children involved?
Clare
Customer: replied 2 years ago.
Hello,
Thankyou for the reply.
The house has been valued by 3 estate agents. Their valuation ranged from £98,000 to £105,000. The current mortgage balance is £104,200. There are no children involved.
Thanks
Expert:  Clare replied 2 years ago.
Hi
Do you wish to force a sale?
Is the mortgage a repayment or an interest only mortgage?
Clare
Customer: replied 2 years ago.
In an ideal world, yes I would want to force the sale. It would be a long drawn out messy process over a number of years to see any form of return on investment so I have little interest in that. The house has been on the market at what I believe is an inflated price for 15 months now. The estate agent also believes this to be the case but the other party on the mortgage doesn't want to lower it. Essentially, it's a stalling tactic.
Currently it is on a repayment mortgage but I have discussed with the lender the option of interest only.
Expert:  Clare replied 2 years ago.
Hi
What is the realistic value - and can you afford to cover the shortfall in the event of a sale?
Clare
Customer: replied 2 years ago.
From looking at the recent local sale values of other properties, around £90,000. currently it's on the market for £98,0000.
Could I afford to pay the shortfall in one hit? At present, assuming it would be £8000 then no. I've also been warned by lender that if there is a shortfall when sold and I offered to pay a sum (or monthly payment) and the other party claimed they couldn't afford to make any payments that the lender would chase me over the other party as I've shown an ability to pay? All very confusing but currently making payments on a property I've no access too is also quite stressful and financially demanding.
Expert:  Clare replied 2 years ago.
Hi
The starting point is to inform your ex that since you are not currently living n the property you will no longer be contributing towards the mortgage or the ground rent.
Whilst you are contractually liable for the same your ex cannot force you to pay them - and if she wishes to remain in the property then it is up to her to dod so.
Since she is living in the property this will not effect your eventual share of any equity that might accrue.
When and if you ever wish to force a sale at a realistic price you can apply to the court for an Order for Sale - it will be granted
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thankyou for the advice, it's genuinely really useful. Would there be any benefits if I approached a legal company/persons to write such a letter. I'm also assuming that I would need to send the same communication to the mortgage lender as well? My thinking is that this may limit the potential for any personal confrontation / conflict.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice