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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sons partner (never married) decided to move out of the

Customer Question

My sons partner (they never married) decided to move out of the home that they have a joint mortgage on. She left the home almost 3 years ago and has never contributed since to any payments for the mortgage upkeep, she has lived in a council provided property since moving out and is now demanding that he sell the house and split any equity with her. He does not want to sell as he is happy where he is and feels that if they were to sell he may have trouble gaining another mortgage elsewhere on another property, thus effectivley making himself homeless. Can she force him to sell up? he is willing to remortgage and buy her out but if no lender will grant him another mortgage and he does not wish to sell, where does he stand/

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare 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.

The property is currently valued at £98,000 and has a mortgage of approx £88,000, if it was sold tommorrow each party would have approx £5000 equity.

But my original question still stands, can she force my son to sell ?

Customer: replied 4 years ago.

Hi, I am speaking to you whilst at work and shortly I will be going home, do you have an answer for me yet?

Customer: replied 4 years ago.

I am leaving work now so I will have to catch up with you in the morning

Expert:  Clare replied 4 years ago.
My apologies for the delay
I am afraid that the bad news is that since there is equity in the property his ex can indeed insist in a sale of the property
If he can remortgage and buy her out then when negotiation he should factor in the costs of sale when making an offer.
However if he cannot then I am afraid that she is indeed entitled to apply to the court for an order for sale - and it will be granted
I am sorry to give such bad news
Please ask if you need further details