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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Before my divorce I helped rehouse my aging in laws by taking

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Before my divorce I helped rehouse my aging in laws by taking out a 3 way mortgage with two of my ex wife's brothers.

For 4 years I have been asking my ex wife's family to remortgage and free me from this mortgage obligation. They have refused to discuss the matter.

Can I take out an order of sale to force them to either sell the property or remortgage?

Is there any reason why this was not dealt with on divorce?

Customer: replied 4 years ago.

Hi Tom,


Yes. Because the property is jointly owned with my ex wife's brothers, both my solicitor (ex solicitor) and the judge said it was outside the scope of the divorce and would need to be handled separately under the appropriate property law if required.



Hi Humphrey

Thanks for your reply.

If there is a mortgage on the property then you have a very good chance of being able to obtain an order for sale or to get the other brothers to remortgage in their names so that you can be released from it.

If your pleas to them have not printed them to act then nothing will happen unless you are prepared to submit an application to court for an order for sale. In the fast instance I would recommend attending a local property litigation solicitor to get them to write a letter before action on your part. This would state that you are thoroughly prepared to proceed with an application but would wish to avoid the expense and administrative hassle of doing so.

If they are not compelled to act after the letter before action then you will have no other option. The courts I'm not keen on people being exposed to mortgage liability where they do not wish to be and so you should have a reasonable prospect of success in getting the order.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question

Kind regards

Customer: replied 4 years ago.



Many thanks for the answer, before I rate your performance and close the question could you answer two subsidiary questions:


Do I have to put the property on the market before I go to court and ask for an order of sale?


Will the fact I could be seen to make my aging ex mother in law homeless go against my chances of enforcing an order of sale?





It would be sensible for you to at least have a valuation of a property carry it all the messing your application to court. However the process will involve ascertaining an appropriate for sale price level switch the court order during proceedings. It maybe that there is some debate and back and forth on this between you and brothers.

I assume that there is nothing in writing regarding the occupation. The brothers might get some initial attraction out of the argument that it may if it's your parents. However, you will be able to ask you that your main intention is simply to release yourself from the mortgage liability and that you are perfectly happy for the brothers to buy you out so that they can remain there. You should be successful with this

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