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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34232
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own two houses with a ex we have morgages on both we split

Customer Question

Hi i own two houses with a ex we have morgages on both we split 4/5 yrs ago and want them sold and brake the tie can anybody help please.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy have they not yet been sold?Who lives where and are there any children involved?
Customer: replied 1 year ago.
ex has two boys they havnt been sold because she started solicitor proceeding i responded and she no longer has contact with her solicitor or responded to mine but i dont think my solicitor was fight the right action so i just want 50/50 split ,my elderly mum live with me in one and she owns about 17% she is 82 and im her carer
Customer: replied 1 year ago.
i live in one she lives in other my solicitor was fighting for more money but 4yrs on no change so just want mum to have her %out of the house i live in and 50/50 the rest
Customer: replied 1 year ago.
we cant buy her out and she cant buy us out
Customer: replied 1 year ago.
my mum has not sat in a bath or shower or on a flushing loo in over 2 years due to another stroke we want some where suitible
Expert:  Clare replied 1 year ago.
Hi
How much are the houses worth and how much is outstanding on the mortgages?
Were you married to each other?
How old are the children?
How were the purchases financed?
Customer: replied 1 year ago.
we have joint morgages on both in both names,there is around £150,000 equity in one and about £90,000 in the other ,not married or civil partnership,children are hers 9 and 11 she has mantance from father for them,she had money from devorse i had money sale of house
Customer: replied 1 year ago.
£160,000 morgage on house worth £320,000 ish . about £120,000 morgage on other worth £210,000ish i think im valueing under rather than over.
Expert:  Clare replied 1 year ago.
Which house is which - and how much would a cheaper three bedroom property in the same school area cost to buy?
What is her mortgage capacity?
Customer: replied 1 year ago.
she is in the cheaper one as that was her money i am in the more larger morgage one she could buy a house in her area for about £150,000 ,i pay the £733 month morgage she pays the £300/£400 month .she would get enough for a 3 bed but not completely sure she is a teacher
Expert:  Clare replied 1 year ago.
So there is equity of £90,000 in her house
Equity of £160,000 in yours BUT 17% of that belongs to your mother - leaving £132,000 in yours
Is that correct?
What percentage did you each contribute?
Customer: replied 1 year ago.
im happy to say both the same but i think us a bit more.and yes all correct
Expert:  Clare replied 1 year ago.
So technically you would owe her £15,000 or so.
Can you get her released from your mortgage?
Customer: replied 1 year ago.
she just doesnt respond to anyone or anything she did agree to be payed £15,000 but then hasnt answered any thing and its hopeless i feel like just stop paying morgage
Expert:  Clare replied 1 year ago.
Can you get her released from the mortgage (the way forward is my bit)
Customer: replied 1 year ago.
how if i cant get her to sign nothing my partner would step up and go on it who has a good wage
Expert:  Clare replied 1 year ago.
Right that is goodAs joint owner of the properties you can apply to the court for a sale at any timeWhilst the fact that she has children COULD be a problem in forcing a sale - the fact that you are willing to pay her her share of the joint equity and release her from the mortgage on your property will make the difference since she could purchase an alternative property almost mortgage freeYou can in fact deal with the procedure yourself - the process is set out herehttp://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdfI hope that this is of assistance - please ask if you need further detailsClare
Clare and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much the most sence out of the 3 solicitors ive seen and 4yrs faster,how do i get back to you have you emailed me many thanks hilary.
Expert:  Clare replied 1 year ago.
You are most welcome - and feel free to ask for me anytime
Customer: replied 1 year ago.
Good morning Clare i have a question for you ive been reading the LAND DISPUTES - A GUIDE TO PROCEDURE. I am trying to put it in order what i do first are you able to give me pointers in what order i do things ( A B C ) kind of order,I am thinking i need to first right a ( PRE - ACTION LETTER ) including the back ground of how the property was bought and the agreement that she agreed to and what i propose,Is there anything other i should add,And concidering her trap record she is likely to ignore or say she didnt receive it so is recorded deleivery good enough or do i take it to the courts,Im also thingking i then need to get a claim form from the court or council .
Thank you from Hilary Easterbrook.
Customer: replied 1 year ago.
And do you no if i need a part 7 or part 8 claim form please the court couldnt tell me.
Expert:  Clare replied 1 year ago.
Hi
The pre action letter can be nice and simple - and should be sent recorded delivery.
You will need a Part 8 claim form available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Customer: replied 1 year ago.
Thank you clare im very grateful Hilary.
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well
Customer: replied 1 year ago.
Hi clare is it ok for your to tell me if this letter is ok please.
Expert:  Clare replied 1 year ago.
Hi
Too much history.
Make it much more simple as in
Re xxxxx and xxxxxx
I am writing to propose that:_
We deal with the issue of the two properties by
1. You releasing me from the mortgage on xxxx
2. Me releasing you from the mortgage on xxx
me giving you xxx in full and final settlement.
If you agree with this then please confirm it within the next 21 days so that we can agree a timetable to achieve this within the next three months.
If I do not hear from you I intend to apply to the court for an Order for the sale of both properties so that we can both move on
Customer: replied 1 year ago.
Thank you clare i will do the letter with less history as you layed out for me .
Thank you clare.
Customer: replied 1 year ago.
Hi clare can you tell me if this letter is ok many thanks,i appoligise if i have sent this twice hilary.
Customer: replied 1 year ago.
Hi claire i have had a reply from ex partner anne-marrie plummer it says in principle i agree with your proposal but we have to work out how.and that the bank would not let us be released from eather morgage this is true but with my partner going on my morgage i am sure i will be able to release her but i dont think she can do the same as she has split with her new partners.can you help in what to do next many thanks Hilary Esterbrook .
Expert:  Clare replied 1 year ago.
Hi
Write and suggest that you both apply for the release of the other and see what the mortgage company says?
Clare