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Ask Clare Your Own Question

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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Hi there, what are my rights following a separation when selling

Customer Question

Hi there, what are my rights following a separation when selling a jointly mortgaged property and my former partner refuses to accept the offer price on the house?
Many thanks.
Dan
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?
Clare
Customer: replied 2 years ago.

Hi Clare,

House on sale at £379,995.00

Offered £370,000.00

Mortgage left £260,920.00

Original equity put up as deposit from own property £60,000.00

Thanks

Expert:  Clare replied 2 years ago.
Hi
Please confirm that you are not married and there are no children involved
Clare
Customer: replied 2 years ago.
Hi Clare
We were not married but one child 7 years lives with mum, access pretty much sorted out. Every other weekend (Friday afternoon to Monday morning) tea two to three times a week and one week in three tea five evening for tea.
BR dan
Expert:  Clare replied 2 years ago.
Hi
Where will your ex and the child live if the property is sold
Clare
Customer: replied 2 years ago.

My child would live with her Mother and partly with me (weekends etc.)

Expert:  Clare replied 2 years ago.
Hi
My apologies - I meant how would they be accommodated - where will they actually live
Clare
Customer: replied 2 years ago.

Hi Clare,

Apologies for delay.

The proceeds from the equity split would be sufficient to put a 30% deposit on a property of their own.

Or use the amount as a guarantee for a rental property until finds somewhere.

Have made offers of taking over my rental property mortgage with assistance - refused.

Made offers of enhanced % split from family house - no response.

BR

Expert:  Clare replied 2 years ago.
Hi
How much would a two bedroom property in the same general area cost to buy?
What mortgage capacity does your ex have?
Clare
Customer: replied 2 years ago.

Hi,

A 2 bed flat is around £150K and 2 bed House £185-220K

Her Mortgage capacity would be around £135K based on earnings and tax credits.

BR

Expert:  Clare replied 2 years ago.
hi
Taking the Tax credits out what would it be?
Clare
Customer: replied 2 years ago.

It would be £120K I understand.

Expert:  Clare replied 2 years ago.
Hi
Using property law you can apply to the court for an order for sale at a specified price
From what you have you are willing to give her a larger share of the equity to allow her to rehouse herself and the child - and the sale would give her sufficient funds to do so - which means that there is no reason why the court will not agree the sale- and give you conduct of it.
I suggest that you do try and discuss matters with her using Family mediation
www.familymediationhelpline.co.uk
But make it clear that if she refuses then you will make the application to the court - and claim costs
Please ask if you need further details
Clare

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