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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I purchased a house with a friend who lives in the property.

Customer Question

I purchased a house with a friend who lives in the property. I did not. now I am looking to sell and move on but my friend is not coorporating? what can I do legally to force the sale?
Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Have you spoken to the Estate agent marketing the property?
Claire
Customer: replied 4 years ago.


hi,


 


Basically, my friend approached me and asked me 4 years ago if I would get a mortgage with her. I wouldn't have to put a deposit just help her to be able to purchase a larger property. in return for the risk she offered 20k on sale on sale of the property after 3 years. she has been living there and has been renting a room to cover the mortgage. I reside at my parents property. its a residential mortgage owned jointly.


The house is worth at least £270k, we purchased it for 214k of which 50k was a government loan and the balance on repayment mortgage.


 


it was a stupid thing to do which I have realised now, she has maintained the mortgage payments so I am not sure what the outstanding value is at present but can find out.


 


What are my rights? I need to get my name off he mortgage and move on but she is delaying the whole process.


 


 

Expert:  Clare replied 4 years ago.
Hi
As a joint owner of the property you are entitled to apply to the court at any time for an Order for the Sale of the property - and that application will be granted.
You should write a firm letter giving your friend 28 days to place the house on the market and give you details of the Estate Agent involved so that you can monitor the sale.
If there is no response then you will have to apply to the Court - and claim the costs of doing so
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 4 years ago.


hi,


 


ok great! am I entitled to get anything rom the profits made? I am not trying to take something that was not offered to me in the first place? initially I was offered 20k but at the end of the day I am happy to take a fair percentage from the profits made.


 


 


Also, what are the rough costs involved in getting a court order? so can claim all legal costs from the sale of the property?


 


in reference to sending the letter do I need to register post it or can I email.


 


Once I get a court order, can I get an estate agent and have the house valued and put on sale?


 


also, she can she sell the property without my knowledge? my signature is needed right?


 


thaks

Expert:  Clare replied 4 years ago.
Hi
As things stand you are entitled to 50% of the equity.
The Court fee will be £300 or so - and yes you can ask the court to order that your friend pays the costs
YOu can send the letter any way you wish - so long as you can be sure that it will be seen.
Once the Order for sale is made then yes you can deal with the marketing and sale.
You will need to sign any sale paperwork
Claire