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Ben Rose
Ben Rose, Solicitor
Category: UK Law
Satisfied Customers: 348
Experience:  LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM
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hello i am currently living in and own a converted chapel.

Resolved Question:

hello
i am currently living in and own a converted chapel. I am on the title deeds with a former friend who i brought the house with. She used a bank to to pay her share of the purchase price and the renovation costs, I used cash from the sale of my last house. The mortgage she has has now fallen 3 months behind with her mortgage payments. The bank have asked, I have just found out for the full debt to be repaid. Can they force her to sell the house ? Where do I stand with the part of the property I own.
hope to hear back from you
thanks
Vince
Submitted: 6 years ago.
Category: UK Law
Expert:  Ben Rose replied 6 years ago.

Hallo Vince

 

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?

 

Kind Regards

 

Ben

Customer: replied 6 years ago.
we are both on the title deeds as registered owners with the bank holding a charge
i want to sell the property asap before the bank force reposession for her mortgage
can they do this even though i own 50 % of the property and paid for my 50% in cash ?
Expert:  Ben Rose replied 6 years ago.

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.

 

Kind Regards

 

Ben

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