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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34272
Experience:  family solictor with 25 years experience
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Im on a joint mortgage with my mum, i have been on it now

Customer Question

hi im on a joint mortgage with my mum, i have been on it now for 12-13 year i only lived there 2 years and moved out while my mum continued paying the (interest only mortgage) my my is now 60 and iv been living with my partner for 9-10 years now but im looking to get a joint mortgage with my partner but have been unsuccessful due to being on my mums mortgage. my mum has been very uncooperative in the situation and wont contact me regarding this, im reaching out to find out what is possible in this situation iv been in contact with the mortgage company but they are just unable to help, i believe my mum has been in contact with the mortgage to find out her options but due to data protection they cant discus it with me. can you help thanks for your time adam lewin ***********
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the house worth and how much is outstanding on the mortgage?


Customer: replied 1 year ago.
Originally the house was purchased for £174k between us we put £14k deposit down and there is now £160k still outstanding on it give or take £1k the house now I believe after research is worth between £235k-245k
Expert:  Clare replied 1 year ago.

How much would your mother need to rehouse herself in a one bedroom property?

What was the plan at the time of the purchase?

Customer: replied 1 year ago.
My mum has basically told me she doesn't want to move her income is low as she only works part time and she also has her boyfriend living there for the past 10-11 years but he is not registered as living there and also my sister is living there age 29, she only work part time to I believe, because my mum won't communicate with me anymore I'm not sure on her situation hense why I need to try and see my
Options on possibly moving her out to sell up
Expert:  Clare replied 1 year ago.

Whenever a house is purchased by more than one person it is automatically help on a "trust for sale"

This means that as a joint owner you can apply to the court for an order for the immediate sale of the property and the division of the equity between you - and that Order will be granted since there are no minor chidlren involved.

Since it was an Interest Only mortgage there is no reason why you should not expect to receive 50% of the equity

The starting point is to write an official letter indicating that you now require that the property is sold, and that if she does not respond you will make the applictaion to the court

I hope that this is of assistance - please ask if you need further details