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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son and his friend bought a flat 4 years ago.His friend

Customer Question

My son and his friend bought a flat 4 years ago.His friend moved out 2 years ago.My son
does not want to lose the flat and his friend wants them to sell it so he can get a nother
mortgage with his girl friend,their is no equity in the property his friend just wants his name of the mortgage what can my son do.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 4 years ago.

£210,000 outstanding mortgage £200,000.

Expert:  Clare replied 4 years ago.
Is there anyone who is willing to go on the mortgage on place of the friend?
Customer: replied 4 years ago.

Yes we will try and get my sons brother on there,But self employed and could be a problem accounts wise.Still the bottom line can my son friend go to court and force the sale of the flat if he has not got anywhere to live.

Expert:  Clare replied 4 years ago.
I am afraid that your son's housing arrangements are not relevant to the Court proceedings - so yes I am afraid that if his friend applies to the Court for an order for the sale then I am afraid that the Order will be made.
The other problem will be that it is unlikely that the mortgage company will replace him unless the outstanding amount is reduced to less than 90%
I am sorry that I cannot give you better news - but sadly this is the position as it stands.
Please ask if you need further details