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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1001
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I some advice on a property that I jointly own. I moved

Resolved Question:

Hi I some advice on a property that I jointly own. I moved out about 8 years ago and have tried to get my ex partner to sell the property or take the mortgage over with no luck. She recently contacted me asking me if I would sign some documents to allow her to rent it out. Which I'm not at all happy with I feel the house needs to be sold. And after some discussion she agreed to sell it. Now two weeks later there's a rental sign up on the property. I rang the mortgage company and they made me aware that they didn't have an up to date contact details and asked her for them which she replied with. She was no longer in contact with me and had now contact details. Which clearly she did as I still have the messages. Is there any thing I can do? Maybe force the to be sold and not rented?
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can you confirm to me:
- were you married to your ex?
- are you tenants in common or joint tenants?
Kind Regards
Caroline
Customer: replied 2 years ago.

no we wasn't married or have any kids. Both our names are ***** ***** mortgage.

Thanks

Expert:  ukfamilysolicitor replied 2 years ago.

Hello

Thank you for your response and confirming the position.

As you have continued to contribute towards the property then you could issue a claim at Court under the Trust of Land Act for a Decleration in relation to your share and also for an Order for Sale.

If your ex is not living in the property then I do not evisgae you having any difficulties in the court making an order for sale if there is equity in the property.

The Form that you need is Form N208 and the court fee is £280.00

Kind Regards

Caroline

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