How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My stepson and his partner bought a starter home in November 2014.They split up in the sum

Resolved Question:

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.
Hi
£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 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf 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
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice