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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have emmigrated leaving an ex partner with a charge on a

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i have emmigrated leaving an ex partner with a charge on a property. although i have signed a solicitors letter stating i am willing to give up my share of the property the mortgage company will lot allow her to remortgage to get a better deal with themselves as the current repayments are too high. i dont have the funds to pay the charge, how can she get out of this, as i have left for good
Hi

Are you both agreeable to selling the property?

Tom
Customer: replied 3 years ago.
No we are not as the uk market is desperate and I'm not interested, plus she needs to keep it on till market picks up.
I have no interest in any of it, it's just a personal conscience thing leaving this Afro for someone else as I won't be returning.
I offered £1500 cash and they have said £2678 to which I am now not interested.
Hi

Thanks for your patience.

If the charge on the property is a mortgage then you are each jointly and severally liable for the debt and any arrears that accrue under it. Therefore they can pursue either or both of you for any sums owing if the repayments are not met.

I’m afraid that your options are
1) Continue to rely on your partner attempting to either shop around for another mortgage offer or otherwise attempting to refinance over the short-medium to enable her to get a mortgage offer. You would remain liable under the mortgage for the duration so you would have to come to an arrangement with your partner about how much each pays from the mortgage each month and keep a close eye on the mortgage account to see that she sticks to it.
2) Sell the property, I appreciate that the market is not good but if 1) above is not an option then this is the only way that you can release yourself from liability under the mortgage. You can force the sale of the property by making (or posturing to make) an application to Court. These orders are seldom refused where there is a mortgage involved.
3) Do nothing and continue to meet your responsibilities under the mortgage, if you are able to continue to meet the expenses of the property then your precise interest in the property will be maintained and wait until the market recovers a bit and there is some equity in the property to realise upon sale.


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Kind regards,


Tom
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