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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2534
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am one of two mortgagors and wish to sell. I am divorcing

Resolved Question:

I am one of two mortgagors and wish to sell. I am divorcing my husband who is not a named mortgagor but who arranged the present tenants of the property. The tenants are not allowing estate agents to view the property for valuation or after several written attempts by myself have they contact me. I have offered first refusal to my nearly e x who is also unco-operative. I have written to the other mortgagor, who is my mother-in-law but have had no reply what can I do next? To my knowledge there is no written tenancy agreement and the mortgage payment is sent to me each month to pay.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thanks for your question. Are there any formal agreements with the joint mortgage holder regarding payment of the mortgage and process to sell - for example a deed of trust?

Customer: replied 11 months ago.
not that I know of I cant remember signing anything other than for the mortgage
Expert:  Harris replied 11 months ago.

Thank you for confirming. In relation to the tenants, you are allowed entry upon at least 24 hours written notice. You should also be pursuing eviction so that this does not impact any future sale - eviction of tenants can take between 2-9 months and should be pursued immediately if the process has not started. If you are not pursuing rent arrears, you need to first give them at least 2 months' notice to leave and once this expires, if they have not left you will be able to apply for a possession order, more information here: https://www.gov.uk/accelerated-possession-eviction

In relation to selling the property, if your mother in law is also on the title of the property, and she does not agree to sell the property, you will need to pursue a court application using form N1 and a £355 court fee to your local county court.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2534
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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