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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter bought a house with a girl-friend 3 years ago.

Resolved Question:

My daughter bought a house with a girl-friend 3 years ago. She put down the deposit and then split the balance of the mortgage 50-50. I believe that the deeds are tenancy in common, and they (foolishly) did not agree up front to any rules shoudl one of them want to get out of the arrangement.
They now lead very different life-styles and my daughter would like to sell up and move on. Where does she stand? Can she force a sale? what happens if she were to stop paying the mortgage, thereby forcing the situation?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

The position is that your daughter could apply to Court for an order for sale. These orders are seldom refused. She would probably need a solicitor to draft the application for her but the solicitor would write to her friend firstly to advise that your daughter has the right to do this in the hope that the friend may agree to either buy your daughter out and transfer the equity/mortgage in to her sole name or agree to a sale on the open market.

 

If she stops paying the mortgage and the friend does not see that the repayments are met then the lender will apply for an order for possession and sue your daughter for costs and monies owed under the mortgage. It will also affect your daughter's credit rating. (& friend's). They should ensure the mortgage repayments are maintained.

 

In the absence of an agreement to the contrary there is a presumption that each have a 50:50 interest in the property, if you daughter has evidence of her contributing the whole of the deposit and agreement with her friend that she should be paid this back then this may be helpful in this regard.

 

If this is useful pleas e kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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