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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi me and my husband are currently living in ahouse that he

Customer Question

hi me and my husband are currently living in ahouse that he owns with his ex partner we have lived here an payed the morg in full for two years she lived here pervoiusly for 3 years we have tryd everything to get her off the morg and me on which is wot she wants as she wants a new morg we tryd to change to full repayment amd offerd 10,000 to my husbands morgcompany which they turnt down its taken ayear for morg company to decide they say its on affordabilty but morg advisor said we can more than afford it and have been payin also.paid off all arrears she left when she moved out and left it empty for 10 months to b reprossed which is y we movedin high st lenders have turnt us down on credit score an the easyiest an quickest option is to sale ascourt could take along time ancost to much when we moved in the house was in a bad way weve put 6,000into it new windows/doors/combi boiler bathroom could we ask her for that money back out of the sale
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your question.

How do you want this situation resolved ideally?

Kind regards,

Tom
Customer: replied 1 year ago.
weve decided that the best option is to sale and my husbands ex partner is coming up later to talk about it when the house is sold and the morg is paid off therewont b much left as weve put 6,000 into making it saleable and she was goin to just have her name taking off and mine on she dint want anything could we ask for her to sign something to waver her rights to it wen sold just enough to cover wot weve put into it
Expert:  Thomas replied 1 year ago.
Drafting your answer now.

5 mins.

Tom
Customer: replied 1 year ago.
ok thanks
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If she does not agree that the property should be sold then you will have to apply to Court for any order for sale. The court is quite likely to grant this because they do not like peoples being exposed to mortgage liability where they do not wish to be.

However, there can be issues on the price acceptable to both parties in an order for sale and this tends to be what can drag things out.

If it is the case that she agrees to market the property for sale and to also agree with whatever sale price you ultimately achieve then your husband and her will have to jointly instruct a solicitor. They can really only jointly instruct a solicitor if they agree on how the proceeds of sale are to be distributed.

Therefore it is essential that you come to an understanding now on the percentage split of the equity (if she is to receive any). You have to be careful how you go about this. If she feels confronted then this may prompt her to taking a more adversarial and obstructive approach than otherwise might be the case.

You know her best, XXXXX XXXXX are better placed as to how to “manage” her in to agreeing the split of equity.

Simply producing a statement on the split that you have produced may make her feel confronted and, to be honest, it is highly likely that a court would disregard it anyway if she asked them to because they may feel that she was not afforded the opportunity to get legal advice on it.

However, if the discussions are amicable and you feel that she does not mind signing it then it can’t hurt but, again, it’s not likely to be enforceable.

My advice would be to be quite firm in stating that you think it would be best for the property to be sold, but softly-softly on the division of equity by calmly outlining why you consider they split you propose is fair and see if you can get her agreement in principle to this. This can then be firmed up by your conveyancing solicitor once you have accepted an offer on the property.

Finally if your husband and his ex-partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you 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 their respective shares will pass according to their wills or under the intestacy rules.

Good luck. Hopfeully, she will be fair.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Expert:  Thomas replied 1 year ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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