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Harris, Law Specialist
Category: Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my partnwr m of 21 years the house is

Resolved Question:

I am separating from my partnwr m of 21 years the house is joint owned there is 100k left on mortgage house worth 245k.
My partner is u nable to afford the mortgage on her own and has sought funds from m other family members to reduce the mortgage so she can afford it. She does not want to give me any settlement from the house.
I can afford the house and a remortgage and alow her to stay in it, and have offered such, this has been refused.
What options do I have?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you married to your partner?
-Do you have any children together, if so their ages and proposed arrangements?
-Who is now living in the property?

Customer: replied 1 year ago.
Not married, lived with four 21 years
No children
Just my partner, I moved out one month ago but have continued to pay the mortgage
Expert:  Harris replied 1 year ago.

Thank you for confirming. A few more details:

-Are there any formal agreements or deeds of trust?

-Is the property held as joint tenants or tenants in common?

Customer: replied 1 year ago.
No formal agreement or deed of trust.
Joint mortgage not sure on the detail whether joint tenant or common
Expert:  Harris replied 1 year ago.

Thanks for confirming. In these circumstances, given that you are not married and there are no formal arrangements, then you would need to consider applying to court to settle this issue. Legally you are both only entitled to your share of the equity in accordance with how you hold the title. So if it is joint tenants, it will be an equal split.

As she has refused your offer to pay the mortgage, she could be at risk of having the property repossessed and you will need to think about whether a court application should be pursued to force a sale of the property as it appears that she cannot afford to maintain the outgoings of the property and having the property repossessed will impact your financial interest in it.

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.

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