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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35052
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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A and bought a house on mortgage. Both are registered on

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A and B bought a house on mortgage. Both are registered on deeds. The house was bought on a buy-to-let basis, paying interest only on the mortgage repayments. The outstanding balance of the mortgage has not changed.
A and B are now separated. B is receiving the rent and paying the mortgage instalments. The rent received is more than the repayments.
Does A have any claim on the rent being received by B? Can A claim that half of the rent should be paid to her, even if she does not intend to pay the mortgage with it?
Conversely, can B claim all of the rent because he is paying the mortgage?
Thank you for your question
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
Is B keeping clear accounts and what is the excess each month?
Customer: replied 2 years ago.
House is valued at between £105000 and £115000.
Mortgage outstanding is around £86000.
B is not keeping accounts
Excess is about £50 per month
Does A wish to force a sale of the property?
Customer: replied 2 years ago.
A is in serious financial difficulty. She has a number of creditors and is on the point of bankruptcy. She and B separated about 4 years ago. The property in question is tenanted by the previous owner, who was unable to continue the repayments. A and B bought the house and rented it to the previous owner.
A needs her share of the equity, but B will not pay her. Both A and B have bad credit ratings. The mortgage company will not allow A to be removed from the deeds and B will not pay unless she is. It is a stalemate!
The tenant has benn paying rent to B, who pays the mortgage repayments. A cannot afford the court costs to challenge B and force a sale.
The question is, can she claim half of the rent paid over the last 4 years?
How likely is it that she will go bankrupt?
Customer: replied 2 years ago.
Of her own accord, not likely. In any event she does not have the court fees required. However, although she has tried hard, she is unable to find work. She receives JSA. As such she cannot even arrange an IVA to pay off her creditors. I suspect that they will eventually force bankruptcy and may then go after the house and her equity. Of course, this helps her not at all!
The first call on the rent is the mortgage payment - and any other expenses of the rental (insurance repairs etc).
Any excess should indeed be divided equally between A and B
With regard to forcing a sale A is entitled to apply for all the fees to be remitted (not pay court fees) and can fill the forms in herself if she wishes.
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.
I assume that this would not be in the small Claims track? How would A go about I itiat
Img a court action?
No it is a different process altogether - the process is set out here
Clare and other Property Law Specialists are ready to help you