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I split up with my partner just after christmas, we werent

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I split up with my partner just after christmas, we werent married and have no children but we had a mortgaged house together, i said that he could keep the house and i moved out at the end of May on the understanding that he would take me off the mortgage, which he hasnt dont, he has been missing payments on it for the last few months and when i spoke to him a couple of weeks ago he said he was sorting it out, but he also wants to sell the house. I said thats fine and it would be a better idea. However this week he still hasnt paid anything off the mortgage or sorted selling the house. we are in negative equity, but he said a company had offered to pay us more for the house and then let it out. We owe approx £106000 and they apparently offered £109000. I would like to proceed with selling the house myself as he hasnt done anything about it. We also have a joint loan of £3800 outstanding that i have been paying off by myself. I was just wondering what to do next and if there are any other options i dont want to end up going bankrupt because of him as i gave him that house out of goodwill and he has made no attempt to keep up with the payments even though he can afford it and i took the other loan on so that he could.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Speak to your ex-partner and ask him whether he is happy to proceed. You've got to go and see a local property/conveyancing solicitor. Explain your situation to him.


If you have your ex-partner's agreement to the sale then you can simply proceed by jointly instruct the conveyancing solicitor to act on your behalf.

 

If you do not have your partner's agreement then your solicitor will write to him explaining that as a tenant in common (which he will arrange if you are not currently holding your interests in the property in this way) you can force the sale of the property by applying to the court for an order. He will state that you wish to avoid the stress/expense of this but will do so if necessary.

 

Hopefully he will comply and engage in the sale of the property. If not you will have to make an application to Court.

 

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


Kind regards.

 

Tom

Customer: replied 4 years ago.
He has suggested to me that he wants to sell it himself, but where do i stand regarding the joint loan we have. I have a feeling that he is just saving the money he is supposed to be paying the mortgage with and going to go and rent somewhere private as he also has a baby due with his new partner and the house isnt big enough for them, he told me this is why he wants to sell it anyway. What sort of company would buy the property at more than it is really worth to rent it out?
Expert:  Thomas replied 4 years ago.

If you have any doubts I would stop listening to what he is saying and conduct this through a solicitor, you could waste time by relying on him handling the sale. Ask for evidence of the company's interest, or it's telephone number if there is no documentary evidence of their interest.

 

If it becomes apparent that there is no interest then you are going to have to see if he genuinely is wishing to sell the property. If he is not then you will have to apply for an order for sale.

 

It is in both your interests to see that they repayments to the mortgage and joint loan are met. Your liability in these will be joint and several which means they can take action against either or both of you and this would affect your credit rating and ability to raise finance ~(eg for a house) in the future.

 

If there was an agreement that you would both jointly contribute to the repayment of the loan then you could sue him if you end up paying more, but for this to be of value he would have to have assets/income against which the judgment could be enforced.

 

Hope this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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