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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19558
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My ex partner moved out a year ago, but refuses to give me

Resolved Question:

My ex partner moved out a year ago, but refuses to give me her new address, which I need to start the sale of the jointly owned property which I am at present living in.
She has not paid anything towards the mortgage or refurbishment costs, and refuses to do so.
Can I sell without her signature on any sale paperwork?
Submitted: 8 months ago.
Category: UK Law
Expert:  Stuart J replied 8 months ago.


Have you tried a Private investigator or a tracing agent to get
her address?

How do you currently communicate?

Do you have a work address?



The property is jointly owned. Is there any deed of trust saying
what will happen when it is sold and how the proceeds divided?



Is she refusing to sell the property?



Are you still living in it?



Can I please have as much background information as possible
please? Thank you

Customer: replied 8 months ago.

Have not tried a private Investigator due to lack of funds.


I can get her work address


 


There is no deed of trust


 


She is not refusing to sell


 


I am still living in the house


 


I was in hospital for six months, with a life threatening condition.


During this period, she used my credit card and bank accounts without my permission, leaving me in debt for around £7500.00p


I was released from hospital, and shortly after, she was sent to prison for fraud for eighteen months.


She was a care worker, and stole £3500.00 from an old lady in her care.


I was not aware this was going on, and the money was never found.


I believe this was being held by another person with which she was having an affair.


Regarding the purchase of the property, I put down the deposit for the purchase, and she has agreed that I should be paid back the sum of £20000.00, this being the amount put down as a deposit.


The mortgage is currently £686.00 per month, for which she should be paying half of this amount. On top of that, the property required on going building work to get it fit for sale, for which I have not received any payment. I am only charging for half of the cost of the materials, and am working free as I am living there.


I did offer to accept a 60/40 split, and to drop any possible action to recover money taken from my accounts and credit card, after the deposit has been paid back to me.


I have not received a reply to the email sent.


My main concern is that one of her many bad debts will cause a forced sale, which would reduce the expected value of the house, and render myself homeless.


Estimated amount due from property after selling costs etc., £13000.00


I trust this helps,


Thanks,


Malcolm Chambers

Expert:  Stuart J replied 8 months ago.


If she is use your credit cards without consent, that is theft
and is a police matter. If you report it to the police, you can then file a
fraud claim with the credit card company.

I have used this firm in the past http://www.ccsformations.co.uk/



to trace people and they do no find no fee for £50 plus VAT
although they will want payment upfront or through a solicitor.



If she simply refuses to do anything or reply to any
correspondence sent via her solicitor then you can make an application to court
for an order for sale and you can ask the court to award costs of the
application against her. You can serve those papers at home work address and if
you tell her that you intend to do that, it might focus her mind.



With regard to the mortgage, she does not have to pay the
mortgage or the bills of a house that she does not live in although she remains
liable to the mortgage lender if you stop paying and the property is in joint
names. You pay the money for the benefit of living in the property and
therefore it does not give you a bigger claim.



You cannot sell the property without her signature and what you
might want to do is get her to instruct a solicitor with regard to the sale and
then you can do all communications through the solicitor and there is no need
for you to have her address which would appear to be what she is concerned
about.



The situation with regard to the proceeds of the house is that if
there is no agreement to the contrary as to what would happen when it was
eventually sold, then the proceeds are split 50-50 unless you agree something
else between you. That applies regardless of what each of you put in either
when you bought the property or over the period. I will tell you that I do not
agree with the view the courts take on this obviously, I don't make the law I
just regurgitate it.



Does that answer the question? Can I help further with any
specific points?

Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 19558
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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