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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33506
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex and I bought a house together 7years ago and he left

Customer Question

My ex and I bought a house together 7years ago and he left 10 months after, since then he has made no contribution towards anything related to the house (mortgage, insurance etc) I've managed to contact him as I'm wanting to sell it and need him to sign when it comes to completion of the sale. HIs he entitled to any money made on the house? Also am I able to take him to court for half the expenses I've had to pay on the house (mortgage etc)? Thank you. Charlotte jubb
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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?
What improvements/alterations have you made to the property
Is your a repayment or an interest only mortgage?
Clare
Customer: replied 1 year ago.

I've had three valuations ranging from £95,000 - £105,000. There is approximately £96,500 on the mortgage. I have decorated throughout (new carpets throughout, new kitchen tiled floor, painted, tiled the bathroom, new electric heaters throughout as there's no gas to the property) I have had a partition wall put in to make it into a three bed. The mortgage is on interest only as I couldn't afford a repayment after the arrears were incurred at the beginning.

Expert:  Clare replied 1 year ago.
Hi
So in fact there is little or no equity in the property?
Clare
Customer: replied 1 year ago.

No, probably a few hundred if I'm lucky. Am I able to take him to court for his half towards the mortgage payments though as he hasn't paid anything since January 2008?

Expert:  Clare replied 1 year ago.
Hi
My apologies I shoudl have asked earlier - were you married to each other?
Clare
Customer: replied 1 year ago.

No

Expert:  Clare replied 1 year ago.
Hi
Since you have had the benefit of living in the property over the years you cannot claim the mortgage or any other expenses from your ex.
However you can claim for half of any alterations and improvements that you did that increased the value of the property - however that is a matter of set off only and since it seems clear that you will be lucky if you cover the actual expenses of sale - and on that basis there is no question of having to share anything with your ex.
When you contact him it should be on the matter of fact basis that if he does not sign then you may have to apply to the court for an oRder for sale - and you woudl certainly claim the costs of that application from him
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33506
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 1 year ago.

Could I ask, how do I go about selling the house as he's messing about with signing of documents to actually pit it on the market for sale (like he did last time, which resulted in me loosing a sale) what solicitor / court forms etc do I need?

Expert:  Clare replied 1 year ago.
Hi
Have you notified him that you will be making an applictaion to the court if need me/
Clare
Customer: replied 1 year ago.

Not yet, that was going to be my next step, but last time I put the house on the market, it got to the point of the last signatures to transfer the contract of sale (completion) and he did the same as he is doing now (saying he was moving away and didn't have time for this) which resulted in me loosing a sale. I just don't want all that to happen again as I'm wanting to move on etc.

Expert:  Clare replied 1 year ago.
Hi
I suggest that you make it clear that if he does not co-operate then you will be making the court applictaion and claiming costs
Get all the pre contract paperwork prepared and signed by him immediately
Insist that he give Power of Attorney to the Solicitor dealing with the sale so that all paperwork can be signed by him
If he refuses to do this - then straight to court for an Order for Sale
Clare
Customer: replied 1 year ago.

I have informed him about what you advised, his response was as expected, that he has better things to do than to sign papers etc. what do I need to go to the courts with this as he is not going to sign over to the solicitor (his response when asked was 'good luck in that') so he is obviously making things very difficult for me (again) and I want to sell as soon as possible. Thanks.

Expert:  Clare replied 1 year ago.
Hi
Fair enough
You can read more about TOLATA applications here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
I hope all goes well
Clare

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