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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I have 2 other names on the deeds of my house and the

Customer Question

I have 2 other names on the deeds of my house and the mortgage expires in March. It is an interest only one, The other 2 people left the property over 23 years ago, one leaving me a letter stating he had no future interest (an ex-partner) and the other moved to USA and I have not way of finding her.
Would a judge give me permission to sell it, so I can pay off the £114,000 owed to the mortgage company (next door sold for £760000) last year, and my house is in better condition than it was)
I paid £3 to get a copy of the deed and it does state one owner cannot sell it.
Submitted: 10 months ago.
Category: Property Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What steps have you taken to try and contact the other two people?Clare
Customer: replied 10 months ago.
I have tried to contact them or relatives of them on Facebook but they have not responded, I do have the one who left me the letter, new address somewhere, he lives in Camberwell as far as I know, but I will have to search for it. The other I have no idea as to where she is. I found her daughter on facebook but she has not been active since 2013. I sent messages to her friends who are recently active but not had any responses.
Expert:  Clare replied 10 months ago.
Hi
Have you paid for any alterations or improvements to the property which increased the value - if so by how much.
Clare
Customer: replied 10 months ago.
Yes I had double glazing installed. Also, when we originally bought the house, I put down £5000 deposit, The other 2 paid nothing.
Expert:  Clare replied 10 months ago.
What was the agreement at the time of the purchase about what shares you should each have?
Customer: replied 10 months ago.
Originally it was a third each
Expert:  Clare replied 10 months ago.
Hi
Did you not protect your deposit in any way?
Clare
Customer: replied 10 months ago.
No I did not realise I had to
Expert:  Clare replied 10 months ago.
Hi
So you all agreed it was one third each despite the fact that you had paid the deposit?
Clare
Customer: replied 10 months ago.
I was never really discussed, they were just glad I could supply the £5000 deposit
Expert:  Clare replied 10 months ago.
Unfortunately legally the fact that you have lived there for so long and paid the mortgage does not in itself mean that you alone are entitled to the equity and it would be a matter for the court to decide if there was a dispute between any of the three of you as to what should happenIam afraid that the starting point is that you have to take active steps to trace these two people - using an Enquiry agent if necessary.Once you have traced them you will then need to ocntact them and ask if they will agree to the sale of the property and to your receiving the proceeds of sale.Of you cannot trace one or either of them then yes you can apply to the court for an order for the Sale of the Property - but the court will then wish their potential :shares" to be held until they are traced and agree to the monies being released to you OR for you to take out insurance so that if they come forward you will be able to pay them their share if they apply to the court and the court agrees that they are entitled to something.I hope that this is of assistance - please ask if you need further etailsClare

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