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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35264
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My son parted from his girlfriend/partner of 7 years. They

Customer Question

Good evening. My son parted from his girlfriend/partner of 7 years. They are not married and do not have any children. They bought a house jointly together 2 years ago . My son has left the house and is still paying half of the mortgage there is about £200,000 on their mortgage with Nationwide and they had a loan from the government for first time buyers. His name is ***** ***** the utility bills so he is ultimately liable for any bills accrued. His girlfriend has taken him off the council tax and is paying self occupancy even though she has moved a friend in to help with expenses. She is refusing to move out so what can he do . he requires his money out of this situation to move on.
Submitted: 4 months ago.
Category: Property Law
Expert:  Clare replied 4 months ago.

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

Expert:  Clare replied 4 months ago.

Has your son notified the Utilities that he no longer lives there and given them her details?

How much is the property worth and how much is outstanding on the mortgage and the loan?

Customer: replied 4 months ago.
No he hasn’t. I am guessing the house is worth, realistically round £375,000 looking at other properties in the same area (new build ) and I think , without asking him, £200,00 mortgage . Plus they owe the government the help to buy money .He was hoping to come away with around £40/50,000. (Hopefully).
Expert:  Clare replied 3 months ago.

As a joint owner of the property your son can force the sale via the courts if necessary

The starting point is to write and ask her to agree to marketing the house - if she will not do so then he can apply to the courts using the Trusts of Land and Appointment of Trustees Act

The process is described here

http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf

In the mean time he should transfer all the utility bills to his ex's name - since she is living there, and since she has moved a friend in he should inform his ex that he will no longer pay half the mortgage - this will not change his rights on the property

I hope that this is of assistance - please ask if you need further details