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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34718
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am a joint owner of a property with my brother. I have all

Customer Question

I am a joint owner of a property with my brother. I have all the paperwork to prove the property is my and my brothers, mortgage deeds, mortgage paperwork, statements and land register are all with myself.
I have been paying the mortgage on the property since 2003 and have proof to show this. Me and my brother would like to sell this house now. However my brothers ex wife is still living in the property, she is claiming the property is hers and is refusing to leave. The property is not hers, we have paperwork to prove we pay the mortgage and we own the property.
As my brothers ex wife is refusing to leave the property, her solicitor has tried to put an objection with the land register trying to present us from selling the house.
Can you advise on what our next step should be please? how do we stand in terms of the law?
Kind Regards
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow long has she lived there and are there any children involved?
Customer: replied 1 year ago.
She has lived in the for around 8 years and yes there are three children involved.Myself and my brother have covered the mortgage since day one.
Expert:  Clare replied 1 year ago.
How old are the chidlren?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
Hi Clare,The kids are 14, 13 and 12.The property is worth around £130,000 with a mortgage of £50,000 remaining currently.
Customer: replied 1 year ago.
Sorry I should let you know she has lived in the property for around 13 years since 2003.
Expert:  Clare replied 1 year ago.
Why do you wish to sell the property at this point?
Customer: replied 1 year ago.
We would like to sell this property because we are paying for something we can't access. My brother is in debt due to his ex wife who has been blackmailing him for money, using the kids as an excuse to cover for her expenses. Me and my brother have come to a decision to sell this house now and move forward.
Expert:  Clare replied 1 year ago.
How far has the divorce reached?
Customer: replied 1 year ago.
My brother has been divorced since 2008.
Expert:  Clare replied 1 year ago.
Was any financial agreement made and turned into a Court Order?Has his ex remarried?
Customer: replied 1 year ago.
No financial agreement was made and his ex has not remarried and neither has he.
Expert:  Clare replied 1 year ago.
How much does a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
Between £130,000 to £165,000 depends on the property, rooms downstairs, drive and garage. I have family on the other road to this house who have theres on the market at £160,00 but have two rooms reception rooms whereas ours house one.
Expert:  Clare replied 1 year ago.
Have you ever lived there - or was it just your brother?
Customer: replied 1 year ago.
I haven't lived there. Just my brother did with his ex wife and kids.
Expert:  Clare replied 1 year ago.
There are a number of linked points here.Your brother's wife does have a financial claim on his half of the property and can make an applictaion to the court for a Judge to decide how much of his share she is entitled to.She does not have a claim on your half.Your problem is that it is unlikely that you will be able to force a sale of the property until the youngest child is 18 OR your former sister in law remarries.This is because it is clear that the purpose of the purchase was to provide a home for your brother and his family and his ex will be able to argue that it is still required for this purpose.If you wish to bring this to a head then your brother should give his ex written notice to leave - at least two months - with a view to changing the locks after that time.This is likely to lead to his ex bringing the matter to court where a Judge will decide the matterPlease ask if you need further detailsClare
Customer: replied 1 year ago.
The property is in our name and we want to sell this. Every peice of paperwork states this too. My brothers ex wife lives in the house for free doesn't pay the mortgage or bills, she was blackmailing him. How does a single mother drive a £30,000 car.
In terms of giving her notice we have already given her notice and she didn't take notice of the date and we actually gave her a little longer then 2 months, hence now the matter has gone further and were seeking a barristers advice.
Expert:  Clare replied 1 year ago.
I am aware that the property legally belongs to you and your brotherHowever his ex gas a financial claim on your brother's half - not yours just his.You can go in and change the locks.HOWEVER his ex can then apply for an Order allowing her to remain there until the youngest is 18 The other options are for your brother to apply to the family court for the family court to decide what her share should be and when the sale should happenOR for him to apply to the court for an order excluding her from the house