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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6315
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, My partner bought a house with his ex about 5/6 years ago

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Hi, My partner bought a house with his ex about 5/6 years ago on a 50/50 basis. 4 years ago she lost her job and he paid all the mortgage and bills for a year, shortly after she broke off their relationship but remained in the house. 3 years ago my partner started a new job which meant he was living at his parents through the week and stayed at their house on the weekends. He then met me and moved in about 18 months ago. During this time he has continued to pay half of the mortgage and half of the bills, sometimes more as she is not paid very well. In Jan this year he stopped paying the bills bar the house insurance and mortgage as he recognised these as his responsibilities. As he is also paying half of living with me he is starting to struggle and has been trying to get his ex to sale the house. We have tried to put me on the mortgage and take her off but my credit is not the greatest, we also tried his dad but he is too old. His ex is refusing to sale as it is in negative equity. She wants to do the house up before selling and wants him to pay for half of this, the only issue with this is that she wants to do it monthly as she has no extra money and she has said quite clearly that she will not sell if in negative equity. The trouble is they have a 100% mortgage and bought at the wrong time so there will always be some debt, plus they have a secured loan attached to the house that will also need to be paid. Essentially if he agrees to put money into the house he is concerned that she will then decide not to sell and we would have paid for her to live in a nicer property when we cannot afford to do the same. We have tried everything to comprimise but she is unwilling to negiotiate, instead she is playing mind games and trying to prolong the connection that she has with him. This is really starting to stress him out and any help or advice that you can give would be gratefully received.
Many thanks
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Are there any children of the relationship?

Is his only reluctance to jointly fund works his concern that she will not sell?

How long would the works take considering her monthly payment problem?

Tom
Customer: replied 1 year ago.
hi. They have no children, just a dog that lives with us. That is his main reluctance, the other is how long it would take. She can only afford 100 a month and this is from a lodger she got in to the house. Once he leaves she will have nothing and he does not have a contract or any end date. The whole house odds to be plastered, decorated, carpeted, new boiler etc so this could take years.

Many thanks
Expert:  Thomas replied 1 year ago.
Hi,

How much negative equity are they exposed to at the present time if the property were sold?

Tom
Customer: replied 1 year ago.
up to about 10k i think.
Customer: replied 1 year ago.


I believe it would be about £10K.


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

First of all, if they hold the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any direction made in your Will. If this is not what he wants then he should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49

They will then hold their interests as tenants in common, meaning that the respective shares will pass according to their wills or under the intestacy rules. The ex-partner need not sign the form provided you follow the instructions.

He can force the sale of the property by making (or posturing to make) an application to Court. If the partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to her name then this may be her only option. A local solicitor would be able to do this for her and these orders are seldom refused by the Court.

The negative equity is a slight complication in terms of the order for sale, but if he can show that there is no prospect that the property will recover sufficient value in the short to short/medium term without him committing to renovation which would take a long time to finance then I would expect the court to still make the order.


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Kind regards,


Tom
Customer: replied 1 year ago.
Hi. I am so sorry but I have got the initial information a little wrong, they bought the house with a 100%mortgage, does this change the fact that he could force the sale of the property?

Sorry for the confusion
Expert:  Thomas replied 1 year ago.
Hi,

Not really. The main reluctance for refusing orders for sale is that the Courts are not minded to keep people bound by mortgages where they do not wish to be.

Please remember to rate my answer.

Kind regards.

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6315
Experience: BA (Hons), PgDip, Practising Solicitor
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