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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15801
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My daughter and partner split up after buying a

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My daughter and partner split up after buying a property..the property has been valued and she has arranged a future mortgage..however her ex is now stalling on her buying him out .she has agreed to pay him his origonal deposit half the profit and all his portion of the mortgage payment up until his last payment .which is 30k on a property worth 255k .there are no children ..is he entitled to any I crease in profit gained after he voluntarily stopped paying the mortgage if his name is ***** ***** deeds ?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: Both have solicitors ..daughter has arranged a valuation and a new mortgage ..he just needs to agree I feel he is holding out for an increased pay out as prices o houses go up
JA: Where is the house located?
Customer: Thurrock essex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: 2 bed house needing complete renovation

Hi,

Thank you for your query. I am a Solicitor-Advocate in the Uk and will be assisting you with your question today.

In short, named Proprietors own the properrty in equal shares unless there is a Declaration of Trust to the contrary.

If your daughter has been paying the mortgage with little assistance from the ex-partner, I would suggest she make an application to Court for an Order for Sale.  The following link will provide some guidance: https://england.shelter.org.uk/legal/home_ownership/order_for_sale/orders_for_sale

It would then be up to a court to make the decision on the value.

I hope this answers your question. If you have any further questions, please do not  hesitate to ask.

many thanks

Customer: replied 8 days ago.
Ok thankyou ..if there already has been a valuation and 6 months later the valuation has gone up and hes paid nothing ..is he entitled to half of the increased valuation ?
Customer: replied 8 days ago.
I do not wish to make a phone call thankyou

Hi,

Yes he could be entitled to half the increased valuation.

Please ignore the call request. It is automatic through the site.

Customer: replied 8 days ago.
Thankyou that's helpful xx

Its a pleasure.

Good luck

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