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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife has her name on the mortgage property she had

Resolved Question:

My wife has her name on the mortgage for a property she had with her ex-partner she has not lived in the property for more than 20years and has not contributed anything during this time. the property has been let to rent by her ex-partner my wife has not received any surplus rent payments during this time.
She has now received contact from her ex-partners brother asking her to relinquish all her interest in the property for a gifted fee of £3,500.
Could you advise on how exactly she should proceed or indeed could she demand more money?
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 long was the ex living in the property?
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

1. My wife's ex emigrated to the USA not long after their split which was in 1993 so he was not living in the flat that long he asked his brother to "look after everything"

2. I would suggest the property (2bed flat) 50A The High Street, Sidcup, Kent would be worth around £165k-£180k

Expert:  Clare replied 2 years ago.
Hi
has she asked the brother for the financial details?
Clare
Customer: replied 2 years ago.

He is reluctant to forward anything however my wife is on the understanding that the mortgage on the property should be nearly paid up

Expert:  Clare replied 2 years ago.
Hi
As a joint owner of the property your wife cannot be forced to part with her share without her agreement or an Order from the Court.
I suggest that she writes to the brother and says that the minimum information she requires is
1.Three valuations of the property
2. An up to date Mortgage Statement
3. Rental Accounts for the last five years
Once she has this she can decide how much she wishes to ask for.
At present her entitlement is 50% - reviewing the rental accounts may help her decide whether or not the input of her ex's brother in terms of caring for and improving the property has made justifies her accepting a lower figure.
I hope that this is of assistance - please ask if you need further details
Clare
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