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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 7897
Experience:  Owner at James Bruce Solicitors
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My partner bought a house with her bestfriend. Her

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My partner bought a house with her bestfriend. Her bestfriend was in hospital for the first 3 months of them owning the home and has now come out of hospital and is forcing her to make a decision to either sell the property or buy him out of the mortgage. What legal ground does she stand and what would her options be as she doesn't have the money to buy him out of the mortgage.
JA: Because real estate law varies from place to place, can you tell me what location this is in?
Customer: Stowmarket
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They had an agreement that the house would be 50/50 but since he has returned he has taken control of most of the house, controls her and has intentionally made it tense and stressful for her to live in.
Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 6 days ago.
I am well, Just stressed. Hope you are doing good.

If your partner cannot afford to buy him out, then her only other option is to agree to sell. She may as well agree to this, because at the end of the day, he can force this by going down the legal route of obtaining an order to sell.

Can I assist or clarify anything further?

Customer: replied 6 days ago.
Would there be any other options for buying him out, possibly through a remortgage?
Customer: replied 6 days ago.
also would they take into consideration the fact the he is mentally unstable and was sectioned under the mental health act and is now making irrational decisions the day of his relase?
Customer: replied 6 days ago.
release
Customer: replied 6 days ago.
Also they've only owned the house for almost 4 months so the fee for early mortgage sell etc. Would that be split 50/50 or would he have to take that fee as he is forcing her to sell when there is no real reason or need to.

Yes if they can obtain a remortgage to buy out and then could agree a figure to use between them to buy him out. The persons mental health condition makes no difference.

Customer: replied 6 days ago.
Okay thank you just trying to understand the options as since owning the house he has been showing narcissism and being controlling and now forcing her to sell her home with no reason behind it. Obviously this is distressing, hard and unfair on her. Probably next step would be to talk to the mortgage lender and see if remortgage to buy him out is an option to avoid losing the house.

That s a good option to do.

She could seek a non molestation order against him to stop any harassment and bullying. But this would not deal with the property matter.

Customer: replied 6 days ago.
Okay thank you for the information. You've helped me understand a lot more. If selling the house and the mortgage early was to be the outcome would there be penalties linked to this?

Only your mortgage lender can tell you that. if a fixed term mortgage then very likely yes.

Customer: replied 6 days ago.
Okay thank you for all the help! I don't think i have any more questions.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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Customer: replied 4 days ago.
Hello James, Further to the situation my partners joint house owner has hand written a note and left it on a desk that pretty much says that she has two options to either buy him out of the mortgage or to sell the house. He then states at the bottom 'You have 28 days to respond or legally this will be used against you' and then signed and dated it. Would this even be considered legal as one he's demanding she make a decision when there's not court orders or anything in place and two he never actually gave her the note.She may need more time than the 28 days he is pressuring to speak to mortgage and sort out finances to then be able to make a definite decision. Is this just a preassure tactic by him to encourage the outcome he is after or is it a legal document. Or would it only be legally binding if she formally agreed to make a decision within 28 days.
Customer: replied 4 days ago.
It's been a total of 3 days now since he demanded the sale of the house. With no breach of the agreement they had in place regarding the property.
Customer: replied 4 days ago.
Also would he be liable to pay the early mortgage closure fees as he is the one pressing for the house to be sold when there is no clear breach to the agreement made on the 50/50 split of the house.

No she does not have to take his demands.

The request should be a formal letter setting out how case and claim not a hand written note making demands.

If to goes to court in he end, then the court would likely decode who pays the fees.

Customer: replied 4 days ago.
Okay perfect so just disregard the hand written note continue seeking advice regarding the mortgage, potential options and potentially solicitors to mitigate the legal fees and early closure fees as it is him trying to force the sale of the house to be spiteful.
When courts decodes the fees would they take into consideration the reasons as to why one wants to sell and the other doesn't and the fact that it is a forced situation that negatively impacts the party not wanting to sell?

yes that is correct

Customer: replied 4 days ago.
in the situation you have two home owners, one has been away for several months due to being sectioned under the mental health act, The only agreement was 50/50 share of the house in which can be argued he breached as majority of the house has been decorated and used by him, He refuses any access or use of the garage, demanded control of the loft and took charge of how he wanted the garden to be improved.
He then decided the day he was released from hospital that the other home owner had to sell or buy him out because she had stored 2 pushbikes in the garage. He has been spiteful, insulting. To the point of going into her room and insulting her. He's moved her property and left it in the garden leaving it unprotected by the house insurance in the event of theft.If she is unable to buy him out would you think there would be a good foundation for requesting that he take on the fees relating to selling due to the forceful and spiteful nature of the whole situation? And would this look favourable for her as she has been nothing but polite and patient?

The same rules still apply as already explained.