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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15909
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a question about my property. We remortgaged my house

Customer Question

Hi. I have a question about my property. We remortgaged my house with my partner in February and we broke up now. Obviously he hasn't paid too much towards the house just the half of the mortgage payments from February. We put 40-60 on the Deed. If he moves out and won't pay the mortgage with me is there any chance to get a document that he is not entitled to his share of I pay back him those monthly payments?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the house located?
Customer: Liverpool
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can't afford to take out the mortgage on my own and it would be involved high costs as well. As it's possible to remortgage in two years. So he would stay on the mortgage without paying it. And in 2 years I would be able to remortgage on my own.
Submitted: 19 days ago.
Category: Property Law
Expert:  INC Law replied 19 days ago.

Hi,

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

If he is and on the title and mortgage, I am afraid that he can apply to court for an Order for Sale and you cannot compel him to remain on the title of the property and mortgage.

Unless you come to an amicable arrangement, you cannot compel him to do so.

I am.sorry if thisnwas not the answer you were expecting.  I hope this answers your question.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 19 days ago.
He offered that he would leave as he feels that he is not entitled to have the part. If he agrees can I do that?
Expert:  INC Law replied 19 days ago.

Hi,

Yes you can. I would suggest he sign a document reflecting the arrangement.