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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am daniel I have recently had to leave a house that I have

Resolved Question:

I am daniel I have recently had to leave a house that I have a mortgage with my ex partner and am after a letter of sort to get her to remortgage so I can have some money out of the house so I can move forward But the mortgage is fixed for another 4 year with nationwide
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Daniel
Welcome to Just Answer
I am a Solicitor and will assist.
Please may I ask:
- how much equity is in the property?
- are you joint tenants or tenants in common?
- any kids together?
- did you marry?
Kind regards
Caroline
Customer: replied 1 year ago.
The house was 73 thousand pounds we put 25 thousand deposit lending 48thousand we have a 5 year old boy the mortgage is in both names it comes out her account and I payed bills but since leaving I have stopped paying apart from csa for my son no we are not married
Customer: replied 1 year ago.
But was together best part of 14 years
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I am just at court. I will respond to you fully later. I hope this is ok.
Kind Regards
Caroline
Customer: replied 1 year ago.
Ok
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Daniel
Thank you so much for your patience.
Just a few more questions for you:
- who paid the deposit?
- do you have an official copy of the register so we can work out if your tenants in common or joint tenants - if not let me know and I will talk you through how to get a copy online.
- would your ex agree to sell? Or is she wanting to buy you out ?
Kind Regards
Caroline
Customer: replied 1 year ago.
The deposit came from her account I put some in but most came from money her grandmother left her . I don't have a copy of the register she wants to keep the house but will not budge unless she had a letter from soicitor
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Daniel
Thank you for your response.
You really do need to find out if you are joint tenants or tenants in common and if there are any deeds of trust in respect of the deposit that was paid. If you are a joint tenant and there is no deed of trust then you are entitled to 50% of the equity (money left after sale). If you are a tenant in common and there is a deed of trust then you will be entitled to a set % as per what was in that deed.
As you are a Joint Owner - it is possible for you to make an application to the court under the Trust of Land Act for an order that the property be sold so that your equity can be realised.
The court will consider the housing needs of children when they consider this type of application - but that doesn't mean that the court will definitely say no to your application.
You also have to be aware that your ex could make an application under Schedule 1 of the Children Act for provision of housing for your child. If such an order was made then your interest in the property would be held for the benefit of your son until he reaches 18.
My advice to you is to refer this matter to Family Mediation - to see if you can come to some agreement with your ex about the property being kept by her but with a repayment plan to pay you your share - if she can't remortgage right now. If matters can't be agreed then apply to court and let the court decide.
There are lots of mediation services - just google Family Mediation in your area to get the ball rolling.
Kind regards
Caroline
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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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