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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28925
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a joint morgage with my ex girlfriend and have

Customer Question

I have a joint morgage with my ex girlfriend and have arrears of 10,000.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: the bank have agreed to liquidate the 10,000 into the mortgage. i havent been living in the property for around 5 years, but i have paid a little into the mortgage. my question is, am i still entitled sell my half of the property as it is still in my name and how do i go about doing this?
JA: Where is the property located?
Customer: rugby, warwickshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that is all, thank you.
Submitted: 12 days ago.
Category: Property Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm if you have any children together please?
  2. has your ex girlfriend been living in the property on her own and if so, how she either actively or constructively excluded you by her conduct or have you chosen not to live in the property?
  3. would you be willing to accept a lodger to take up residence in order to pay rent?
Customer: replied 12 days ago.
Hi Joshua, thank you for your response.
i have 2 children with her, who are currently living with her in this property. After a difficult break up, i moved out of the property so my children had somewhere to live.
Expert:  Joshua replied 12 days ago.

thank you. Based upon what you say, you would still have an entitlement to 50% of the equity in the property unless the arrears you mention are specifically your arrears as opposed to arrears that have built up jointly in relation to the mortgage in which case your ex may have a claim to deduct those arrears from your share of the equity in the property. in terms of the options you may have in relation to the property, in principle you can consider an application to court for a sale of the property but as you have children together, your ex would have a right to make an application under part two of the Childrens Act for reasonable provision for the purposes of your children and if she can demonstrate that the use of the property is required for their welfare, it is at least a strong possibility of the likelihood that a court would decline the application and make an order for occupation rights in relation to the property for your ex until the children are at least 18 or have finished full-time education. It is also possible for courts to make what are known as property adjustment orders under the children's act reallocating equity though this is not a preferred option.

accordingly, a collaborative approach may be a better one in relation to decisions in relation to the property as in practice, option is likely to be relatively limited works to ensure the remaining full-time education in respect of the property