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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 846
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My stepson and his partner bought a starter home in November 2014.They split up in the sum

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My stepson and his partner bought a starter home in November 2014.They split up in the summer of 2015. They agreed that his partner would stay on in the home pending her application to the Building Society to take on the mortgage under her own name. She was told that after she demonstrated that she could successfully make 6 monthly payments the Building Society would assess her application. They turned down her application and she texted my stepson in January 2016 giving him the outcome but said that (1) she was staying on (2) she would not agree to a sale and (3) that any future profit was hers as she was paying the mortgage.
He would like to know (1) can he apply to the court to make her sell and (2) if so can he do it privately as solicitor costs will probably eliminate the small after sales surplus. Lastly, is there help available to properly draft the court application? They are joint tenants and there are no children.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist. Please may I ask: - were any deposits made?- what is the approx equity? Kind Regards Caroline
Customer: replied 1 year ago.
£125,000 cost. 5% deposit, 20% Help to Buy scheme; 75% mortgage. Equity is about £5,000
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for confirming that for me. I do apologise for my delay in responding to you. It is possible for your step son to make an application to the court - asking the court for a sale of the property so that his interest may be realised. This type of application would be made on a Claim Form Part 8 - The Court fee is £280.00 and this is payable to HMCTS. In respect of the application it is best to keep tihs simple and stick to the facts: - house bought on .... as Joint tenants- parties separated on ....- agree the ex would remain on the basis that the mortgage would be transferred to her sole name...- this wasn't possible initially as the mortgage company wanted a period of time for her to demonstrate her ability to pay alone- this period of time passed but she wasn't accept alone- step son seeks to be released from the mortgage and this appears as though it is not possible unless the house is sold. You son could also consider referring the case to a family mediation service - to see if the parties can reach agreement with out the need for court. Kind Regards Caroline If you have found this service useful - please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
Thank you for your reponse.
Can we submit the claim form ourselves or would it be better drafted by a solicitor?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello You can draft the claim form yourselves if you wanted too - the court wouldn't expect that it had to be drafted b a solicitor.A solicitor would probably charge around £200 - 300 to take instructions and complete the form. Given hat it is quite a simple case I wouldn't pay any more than that, especially given the amount in question. If you do draft the form yourselves - just keep it nice and simple as per my previous post. Bullet points of the facts would set out the case well and assist the Judge. Please do not hesitate to ask if I can assist you further Kind Regards Caroline
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