Ask an UK Law Question, Get an Answer ASAP!
You may need to 'buy her out' of her proportion of the property, either by use of cash or a remortgage of you do so.
Do you hold the property as Joint Tenants or Tenants in Common?
So the house must be held as Tenants in Common; you would be given the option to purchase her half or find a buyer for it. I would not recommend trying to sell as it will take time and may not net enough to fully discharge her partial mortgage.
A better option would be negotiating a sale to you of her legal interest of you can afford it.
Obviously my advice may change subject to sight of papers; if you want me to have a look at the deeds etc please send them to the JA email address marked for my attention and quoting this question. There would be a further charge for review of papers as, as I am sure you aware, this would be time consuming.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).