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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a flat as tenants in common with my ex-boyfriend. We

Resolved Question:

I own a flat as tenants in common with my ex-boyfriend. We split up two years ago and i have been trying to get him to sell the flat ever since. He has no intention of selling, as he put £30K down as a deposit and would not get this back if we sold now. He has applied to get the mortgage by himself and has also applied for the mortgage with his parents - both applications have been rejected.
I feel completely trapped - i can't afford huge legal bills but am not entitled to legal aid. I am now with a new partner and want to move on with my life but i don't know how to go about this. I have heard of getting an order of sale - but whenever i have heard people talk of this, everyone always says 'Don't go there!'. What can i do?
Is it possible to have some kind of document drawn up that says that im not liable for the mortgage? My name would still be on it though and i worry about my credit rating. Help!!
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.



Thanks for your question.

You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this is your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

There is no document you can draw up to release or limit your liability under the mortgage on which you are named. Only once your partner can and has remortgage or the mortgage is paid off in whole upon sale will you be released.

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Kind regards,


Customer: replied 7 years ago.
Thanks Tom,

One quick question - roughly how much would it cost to get an order of sale?

Expert:  Thomas replied 7 years ago.

Hi Sarah


Probably somewhere between £750-1250 depending on your partner's motivation to defend the application.


Kind regards,



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