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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I live in Northern Ireland have been separated from my

Resolved Question:

I live in Northern Ireland have been separated from my husband approx 4 years. He now wants to force be to sell the property we jointly own it is in negative equity and he has not paid anything towards it since we split. Can he force me to sell as my mortgage is interest inky and I cannot afford to change to repayment and I am in negative equity my mortgage company may not allow me to do a transfer of equity
Submitted: 10 months ago.
Category: Property Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further details first

How much is the property worth and how much is outstanding on the mortgage?

What income do you each have and are there any children involved?

Customer: replied 10 months ago.
The property would be worth about £75k max and the mortgage outstanding on it is £84k. I earn approx £18k pa I'm not sure what my ex is earning but I honk it is about £23k plus. No children
Expert:  Clare replied 10 months ago.

Has he offered to assist regarding the shortfall?

Customer: replied 10 months ago.
Today he offered me £3000 to clear a few debts I have and to then get the mortgage changed to repayment and do a transfer of equity but I am afraid that my credit history will not be good enough and the mortgage company may not let me extend the term. I do not have anywhere to go if I lose my home and can't afford private renting
Expert:  Clare replied 10 months ago.

But that would not get close to clearing the negative equity?

\has he confirmed that he would cover all the sale costs and the negative equity?

Customer: replied 10 months ago.
No he said that the £3000 is all he is prepared to give me and if I can't get a transfer of equity and get his name off the mortgage he will force me to sell. Won't cover any cost or any help with the negative equity, I really don't want
To lose my home
Expert:  Clare replied 10 months ago.

If he wishes to force a sale of the property he will have to agree to covering the costs of sale, the court costs and the mortgage excess.

If he is not willing to do that then there is no question of the court ordering a sale so to an extent you are safe

In the longer term I am afraid that if he is willing to cover all these costs then the court will order the sale - I am sorry

Please ask if you need further details

Clare and other Property Law Specialists are ready to help you

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