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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I just purchased a NEW BUILD HOUSE (Dec. 2014) in Oxford, UK

Resolved Question:

I just purchased a NEW BUILD HOUSE (Dec. 2014) in Oxford, UK with my fiance who has a 7 year old daughter. She has just walked out on me over a silly arguement a now has only sent me an email to tell me it is over. Her parents and her have put the equity into the house, I gave her some money every month over a six month period before moving in to contribute towards the house. We have signed the deed confirming that her parents have put the equity into the house. I am on the deed too and on the mortgage, help to buy mortgage.
Where do I stand? Can I be kicked out of the house if they have equity in the house and want to force the sell? If they force the sell, who will pay all the legal fee because I don't want the house to be sold? Can i be forced out the house because of her daughter being 7 even though at no point I have stopped anyone leaving or returning? Can a New Built house be sold straight away?
Please help
Gregory LB
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

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 much have you paid towards the property?
Clare
Customer: replied 2 years ago.

Dear Claire,

The House is worth, £420 approx. Mortgage started Dec. 2014, paid only one installment based on £300K. I have made no payment towards the deposit, it was all paid by Belinda her parents (approx £50K as an investment) and the rest provide by the Help to Buy Scheme. I have given around £4,000 to Belinda to pay house which she also used to pay fees, etc.

Regards,

Gregory

Expert:  Clare replied 2 years ago.

Can you raise the money to repay her parents , and release your partner from the mortgage?
Clare
Customer: replied 2 years ago.

No, I do not have this kind of money sorry.

Where do I stand, can I be kicked out of the house if they have equity in the house and want to force the sell?

If they force the sell, who will pay all the legal fee because I don't want the house to be sold?

Can I be forced out the house because of her daughter is 7 even though at no point I have stopped anyone leaving or returning?

Can a New Built house be sold straight away?

Best wishes,

Gregory

Gregory

Expert:  Clare replied 2 years ago.

Has she said that she wishes to remain in the property?
Clare
Customer: replied 2 years ago.

No she left without saying a word but I believe she wants to come back but to leave the house which I do not want to do as I have no wehere to live and no money.

Expert:  Clare replied 2 years ago.

I am sorry but the news is not good
Unless you can release your ex from the mortgage and repay the money to her parents then yes I am afraid that she can indeed force a sale.
If you will not agree to a sale then she can apply to the court Order and it WILL be granted - and you will have to pay the costs from your share of the proceeds of sale such as they are
The alternative is to be released from the mortgage so that she can return
If that is what she wants then you could be able to "trade" your agreement lump sum which allows you to pay the deposit and first few months rent in an alternative property - but only when you are released from the mortgage
I appreciate that the news i snot good - but sadly the finances of the house mean that there are n options
Please ask if you need further details
Clare
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