Is the property in quesiton in the USA?
Are they married?
Is there any children of the relationship?
Thanks for your reply.
If she wants out of the property investment then either he wilfully remortgages (if he can) or she will have to apply to Court for an order for sale.
She can force the sale of the property by making (or posturing to make) an application to Court for an order for sale. If her ex partner cannot demonstrate sufficient finance to receive a mortgage offer to buy her out and transfer the equity in to his sole name then this may be her only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court if there are no children of the marriage and one party is on the mortgage and does not wish to be.
She should write to him expressing the above in the hope that he may contact the lender with regard to seeing if he can remortgage in to his sole name. If he does not respond then she should get a solicitor to write a letter before action to him re-stating the above.In the absence of any express agreement (ie. A Declaration of Trust) there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands.
If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
It doesn't change the position, her options are as above just perhaps easier to negotiate if she does not seek to claim any of the equity.
The overall point is that she needs to get pro-active and formalise the matter by a letter from her, a letter from a solicitor if necessary and then an application to Court if necessary thereafter. It's the only thing that will compel him to act if her informal methods of dealing with him have no prospect of success.
Thanks for your acccept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).