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UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I own my house with my friend, we have a joint mortgage, and

Customer Question

I own my house with my friend, we have a joint mortgage, and are tenants in common with me owning slightly more as I put down the deposit. This year in June he had a bit of a 'breakdown' he went to Thailand, I thought for a couple of months, but now he said he's not coming back. He has left credit card debt of £10,000. and there have been letters from a solicitor saying they will take him to court. I am just about managing the mortgage, but could not get the mortgage on my own as I do not earn enough. So it remains in joint names, but comes from my account. He has agreed to do whatever I want. I am concerned that they will be able to take his credit card debt, which far exceeds any equity in the house even though half of it should be mine? can I buy him out or even sell while he is out of the country? Will I be safe from his debts if I own the house or will it still affect me?
Submitted: 3 years ago.
Category: Property Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

I am sorry to hear about your friend.

Yes you can buy him out even while he is out of the country.

But the lender would have to agree to him being removed from the mortgage.

Your friend would also need to sign some documents probably in relation to the mortgage but also in relation to transferred the land into your sole name.

As for the credit card debt, if they get a County Court Judgment then they could apply to register that charge on the property.

This would have the effect of charging his share of the property with the debt.

So if this is going to happen you would do well buying him out before any claim is issued.

Once the property is in your sole name they would not be able to register a charge against the house.

But in any event the charge would only be in his share.

I hope this helps.

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UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thankyou for you help, guess I'll get on with it then :)

Expert:  UK-Justice replied 3 years ago.
Expert:  UK-Justice replied 3 years ago.
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