SELLING SHARED PROPERTY

[johntywino]

My Daughter has been deserted by her partner of 25 years.... Her house is in joint names and the mortgage also (they pay half each) He wants her to sell the house so as to get his share of the money. Question:What happens if she doesn't want to sell? (she lives with her 2 sons,both of whom are over 21.) She also does not want to buy him out...

[nannybooby]

think a trip to the citezen advice beareau or a solicitor is her next step if this really is the end of the relationship, I can only say that possesion is 9 tenths of the law so I hope she has changed the locks. Such a sad thing to happen after so long.Good luck

[ummmm]

Can she afford to pay his share?

[bednobs]

he will probably get a court order to make her sell, and she eventually wont have a choice

[johntywino]

Afraid she can hardly afford her own! I just wondered where she stood legally....Could she be MADE to sell?

[LoftyLottie]

Unfortunately though nannybooby, the phrase 'possession is 9 tenths of the law' is absolutely not true. I think it came from something in literature and I can't remember what.

I think a trip to the solicitor is vital. She may be entitled to more than half in view of the length of their relationship. I know this happens if you are a 'wife' but it might not apply to a partner, even if they are joint owners. I believe that shortly the law is going to change to give partners as many rights as wives/husbands.

[ummmm]

Yes, she can be made to sell. If she doesn't make the full mortgage payments it could get repossessed before that time.

[LoftyLottie]

Bednobs is right, but a solicitor is essential. Most of them will give you at least 1/2 hr advice for free.

[ummmm]

No, it takes ages. But the mortgage payments need to be paid in the mean time.

Maybe an appointment with the mortgage provider is also a good idea.

[johntywino]

Hi ummmmm, Theres NO chance of her NOT paying her share....Anyway, if she WAS forced to sell and it went on the market I,m pretty sure it could take YEARS.. (unless of course the Law knew better!)

[ummmm]

Is he going to carry on paying his share of the mortgage then?

[rowanwitch]

My ex husband left me in a house where I couldn't afford the mortgage he did not pay anything towards it and the building society just went after me for the whole payment as they were not obliged to chase him. I had to sell or it would have been repossessed He could have gone to court to force the sale as we didnt have children he wasn't obliged to keep a roof over my head If she can't buy him out it is pretty likely she will have to leave eventually and it might be better to sort things out now while she still has some control over the process.

[johntywino]

What would happen if he DIDN'T pay?

[dzug2]

If he stops paying his share of the mortgage (and she doesn't make it up) that will speed up being forced to sell.

[Barmaid]

As the house is in joint names, the presumption is that they both own half each. However, this is a complex and specialist area of the law and she will need the advice of a solicitor since it is possible that either party has an argument for a greater share.

She can be forced to sell, but as has been said, this will require a Court Order and so will not happen overnight.

See a solicitor in the New Year.

[LoftyLottie]

As long as they both pay t heir share of the mortgage then it won't matter how long the house takes to sell, but she still needs correct legal advice in the meantime.

Mind you her partner could I suppose force the issue by not paying his half of the mortgage and force repossession.

There are all sorts of ifs and buts and only a legal professional who is aware of all the facts can really help.

[LoftyLottie]

And the legal professional of AB turned up as if by magic.

Hi Barmaid! ;o)

[whiskeryron]

johntywino// Theres NO chance of her NOT paying her share....//
What if her ex doesn't pay his half can she afford to pay the full mortgage ?

Ron.

[bednobs]

she would have to pay or get repossessed. How long is left on the mortgage?

[johntywino]

Thanks everyone for your views--The waters get muddier and muddier....I suppose we will have to see someone about it in the new year.....Thanks again, John.