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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7505
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I split from my long term partner 9 years ago (we were

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Hi
I split from my long term partner 9 years ago (we were not married) i have a 10 year old daughter with her. We have a property which is in joint names on the mortgage and deeds. I have paid the full mortgage payments since day 1 and at present still paying. She still lives in the property with my daughter. I have moved on with my life and i now have a new partner and we have 2 young children. With child care costs and costs living etc etc. I now am struggling to meet the financial demands on the mortgage my ex partner lives in. i want to force the sale on the property. Is this something that i can do in county court. And would the outcome be in my favour.

Hi,

 

Would your partner's share of the equity in the property be sufficient so that your partner could re-house herself with your daughter?


Kind regards,

 

Tom

Hi - How much is the house worth and how much is outstanding on the mortgage. How much do you bring home and what is the mortgage payment each month? Claire
Customer: replied 5 years ago.

Hi

 

The house is worth approx £280,000 the mortgage was £90,000 11 years ago on a repayment. I take home £ 2200 per month.

The mortgage payment is £570 per month

Hi,

 

Sorry for the slight delay in responding, I thought for a moment Claire would continue and provide you with an answer.

 

The reason I ask is that the welfare of the child is the primary concern in cases like these, essentially the child's accomodation will be the most important consideration.

 

If the sale of the property would realise sufficient capital to enable her to purchase a property adequate for them to live in then the likelihood is that an order for sale would be made.


If she offers to take over the mortgage payments solely then there is a possibility that this may be accepted by the Court.

 

I would suggest that you offer to enter mediation with your ex-partner as a way of attempting to sort out long term plans for the property to avoid the costs of litigating.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7505
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Tom thanks

 

can i apply for an order for sale myself. Also if she did agree to take over the mortgage, would this mean that i would lose out on my 50% share of the equity.

 

With me having a new family and struggling to make ends meet with bills etc would this not be considered in court. And what if i stopped paying the mortgage and the property was re possessed.

Hi,

 

Your new position would be considered, yes. If you other children are also at risk because of the financial strain of the mortgage payments then it would be considered to a greater extent.

 

You can apply for the order yourself, you will be able to ask the country court for the forms but I would strongly advise you to seek mediation.

 

If she is not amenable to mediation then you should see a solicitor to get them to write to her about negotiating a plan for the property without litigating.

 

Your equity as at the date the order is made will be protected.

 

Thanks for your accept.

 

Kind regards,


Tom

Customer: replied 5 years ago.

Tom

 

Many thanks for your advice it is very usefull. I did forget to mention that she has a new partner and he actually stays in the house, this is also another major bug bare to me, as im providing for everyone.

Hi

 

If they are to live together permanently then this may help if he is willing to co-finance the purchase of an alternative property for them to live in.

 

Kind regards,


Tom

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