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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Aston Can you tell me please can my ex partner force me in to selling our property whe

Customer Question

Hi Aston
Can you tell me please can my ex partner force me in to selling our property when we are joint owners
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I pay the full mortgage and pay for the up keep of the property he has paid no money in to it since January 2015
Expert:  Thomas Judge replied 1 year ago.
Are you both still living there?
Customer: replied 1 year ago.
No
He is renting a property with he's currant partner
Expert:  Thomas Judge replied 1 year ago.
Ok well if you both jointly bought the property he is entitled to seek the sale of the property if you are now no longer living together and his name remains on the mortgage. You may wish to speak with the mortgage company and try and persuade them to the change the mortgage into your name (if you can afford to take it on) and buy out your ex's share of the property. Happy to discus - please remember to rate positively
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** 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.
Are there any children involved?
Clare
Customer: replied 1 year ago.
Hi
It is worth £165.000 and there is £119.000 outstanding we have owned the property for 15yrs we re mortgaged in 2008 to consolidate debts my ex partner of 23 years consolidated he's own debt but not mine which I accumulated when he was out of work to keep the up the household bills and growing children who are now 23 and 21 and still live in the same property with me so I had to go in to an IVA.
Customer: replied 1 year ago.
I can not afford to buy he's share of the house and haveno financial back up to be able to move out and pay the requested about of money to rent anywhere and have nowhere else to go.
Expert:  Clare replied 1 year ago.
Hi
How much was his debt and how much is yours?
Clare
Customer: replied 1 year ago.
Hi
He didn't tell me how much his debt was he paid it then brought himself a new car but mine accumulated to £25.000 over approximately 4years I have spoken to him regard's this all he said was not his debt the IVA is not in his name so not his problem.ps its not letting me rate you sorry
Expert:  Clare replied 1 year ago.
Hi
Do not worry about rating yet.
How much was added to the mortgage when the remortgage happened?
Clare
Customer: replied 1 year ago.
I think it was £38.000 but can not be certain.
Expert:  Clare replied 1 year ago.
Is there any way that you can check/
Customer: replied 1 year ago.
Yes I can ring my mortgage provider but it won't be till Saturday now sorry is there anything else you would like me to find out from then
Expert:  Clare replied 1 year ago.
That is fine - it is the important issue in this
Expert:  Clare replied 1 year ago.
.
Customer: replied 1 year ago.
hello
sorry for delay
yes it was for £38.000
Expert:  Clare replied 1 year ago.
Thank you - and again for clarity - your ex used all of this for his own benefit?
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes I didn't see any of it
Expert:  Clare replied 1 year ago.
HiRight so the property is worth £165,000 - if it was sold then allowing for sale costs the equity could be £40,000However your ex has already taken £38,000 from the property so you can argue that all the equity is yoursThis only leaves the problem of his name being on the mortgageIf you and your children can remortgage and release him then it would be unlikely that your ex could force a saleClare
Customer: replied 1 year ago.
Hi
we can not afford to re-mortgage has stated in my reply on 15.09.2015. he is prepared to go to court for a sale . I just want to know will he win because I am quite prepared to take it that far if I have a good case.
Expert:  Clare replied 1 year ago.
I understand that you cannot raise any extra funds - but working together can you get your ex released?Have you spoken to your mortgage provider about that option?
Customer: replied 1 year ago.
morning
I have spoken to my mortgage provider with regards taking his name of the mortgage they said he has to do this ,.he wont because he then is not entitled to any money.
we do not have the funds to pay him off they have also said that we wouldn't be able to take the mortgage on because of me having an IVA and our two sons don't earn enough even though we are paying it now with no problem they say on paper it does not calculate.
what I really need to know how I can put this all to him in a letter with pointers so that he understands that there could be protenual funds left once the IVA has been taken out plus court cost if he going to take it that far plus all the other fees that comes with selling the property

many thanks

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