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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 4437
Experience:  Barrister at law
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I have split with my partner, we have a joint mortgage, he

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Hello, i have split with my partner, we have a joint mortgage, he has left the property, can i stay in the property with my 16 yr old son ?
JA: Where are you? It matters because laws vary by location.
Customer: East Yorkshire, Hu17
JA: What steps have you taken so far?
Customer: The house is on the market, we have received an offer, but i am reluctant to move as all my money was ploughed into this property from the sale of my previous home, my partner was previously renting.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I do have a deed of trust covering the money i put in to this house.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Are you married to your partner?

How much would you receive from the sale in terms of a lump sum?

Customer: replied 7 days ago.
We were not married, lived in this property for 7.5 years, i would receive my £24k deed of trust plus half of the equity which is approx £30k each. However it is doubtful i would get another mortgage as i work part time

OK, I'm afraid that as you aren't married, it's not going to be possible to remain in the house. There's no automatic right here.

If you refuse to sell, he would most likely be able to take you to court to force the sale, which can be costly, and you would be faced with the bill if you are the party refusing to sell, which will eat away at the cash that you would receive if you simply agreed to sell as planned.

Do you have any family members that could act as guarantor for a mortgage for you?

Customer: replied 7 days ago.
possibly ? although my current provider does not accept a mortgage guarantor

It was just a thought, as a solution for you. It might be worth looking into.

Is there anything further I can clarify at this stage for you?

 

Customer: replied 7 days ago.
ok thank you, no that was all thanks

No problem.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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