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james bruce
james bruce, Solicitor-Advocate
Category: Law
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Experience:  Owner at James Bruce Solicitors
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I have been seperated with my ex partner for nearly seven

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Good afternoon. I have been seperated with my ex partner for nearly seven years. We have a joint mortgage on a property together and she is now forcing me to sell the property under market value as she wants closure and to move on. I have been paying for this mortgage on my own from my own bank account for almost 10 years. Where do I stand legally with this? I
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: None so far.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have two children but have not been married or engaged.

Hello, I will assist.

As joint owners, she can insist on the sale of the property. There are procedures she would need to follow if you refused.

But there is no legal reason to sell it under value.

You have three options you can take.

  1. Give her what she wants and sell under value.
  2. market and sell at current market value
  3. Have legal agreement drafted and signed by her, that if property is marketed and sold under current market value, then after mortgage has been paid off, you would receive from the sale the equivalent of what would be half the current market value and not the under sold price reached.
Customer: replied 1 year ago.
How do I stand with keeping the property myself and removing her from the mortgage.
Customer: replied 1 year ago.
I will discuss with her and let you know.

If she is on the property deeds, then she will be considered owner with you.

she would most likely expect you to buy her out.

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Customer: replied 1 year ago.
We have a joint mortgage but I have paid this for almost ten years on my own from my own bank account, does this make any difference.

Unfortunately not. The title deeds ate the important issue, that shows who the legal owners are. The mortgage payer is something you could negotiate with her over splitting proceeds.

Customer: replied 1 year ago.
How do I go about negotiating the mortgage side of things, she is joint on mortgage but never paid any of it, I have spoke to my lender but htey say I will need to submit a new application in my name. Is there any other way?

No, that is the problem with mortgage. Can not remove her, name without taking out new mortgage.

you could tell her as joint name she is going to have to pay.

failing that you would have to negotiate with ex how to resolve dispute.

james bruce and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Good morning. I have recived a court letter threatening me with a ' Terms of land and appointment of trustees act 1996' to seek an order of sale of the property, also taking into account an occupationn rent accrued during our separation time, and also seeking costs from me. Can you help?