I seperated from my wife 2 years ago and went to live with my partner and went to live with my partner and her two kids.We bought a house together with a joint mortgage in April last year in joint names with myself putting in £50k of equity and my partner about £30k, an agreement was drawn up at the time that should the house be soldin the future I would get 55% of free sale proceeds and partner 45%.The relationship with my partner is now not good and wish to sell house and move on.I have paid most of household bills and mortgage since April last year.My questions are:-1. Can I insist on house being put up for sale?2. If i leave house am i still responsible for household bills including mortgage?3.If I stop paying mortgagen and leave house will free sale proceeds when house is eventually soldor repossssed be split per agreement or will motgage not paid since I leave come off partners share of free sale proceeds?4.How would any fees in connection with sale be split?5.Do her kids have a right to live in house?6.Do I have a right to move anyone else in ?thank you
Province/Country relating to question : Scotland
Speaking about sale of house
Thank you for your question.The answers to your questions are as follows:1. Yes, you can apply to the court for an order for division and sale.2. You are responsible to the lender for the mortgage payments and to any service providers in relation to any bills in your name as the contract is with you and the provider. You can give notice of termination of the contracts. You are not liable for council tax if you are not staying there and should write tot th council advising them of this.3. Of the house is repossessed the lender will divide free proceeds after all interest snd costs have been deducted in accordance with the manner in which the title is held. If the title is held equally then you will get an equal share unless both of you advise the lender that the split is to be in accordance with the separate agreement you have. If the title is on record as 55:45 then the lender should follow that. However, if the house is actually repossessed I suggest a proactive approach on your part in respect of the lender would be wise.4. As above.5. No, not if the court grants an order for sale which it will do after giving her a reasonable amount of time to find other accommodation. That applies both if you apply for the sale or if the house is repossessed.6. No, not without the consent of the other owner.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
How long does 'apply to the court for an order for division and sale.' take and approx cost?
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