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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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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: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 3 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 3 years ago.
Hi
Do you wish to force a sale?
Is the mortgage a repayment or an interest only mortgage?
Clare
Customer: replied 3 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 3 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 3 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 3 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 and other Law Specialists are ready to help you
Customer: replied 3 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.