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  • FIRST POST
    • myotai
    • By myotai 14th Jul 17, 11:07 AM
    • 86Posts
    • 6Thanks
    myotai
    Worth Changing Tenancy on Deeds
    • #1
    • 14th Jul 17, 11:07 AM
    Worth Changing Tenancy on Deeds 14th Jul 17 at 11:07 AM
    Hi,

    As briefly as I can...(and I know this should have been sorted when a long time ago.....but it wasn't)

    Looking to sell.

    Joint Tenancy for 11 years. She left property never to be heard of again 8 years ago. she recently managed to reply to attempted contact.

    Now she has disappeared again....! No idea where she is living etc...

    Is it worth me changing the tenancy into a Tenants in Common so I can have a fair share of the equity...like all of it? Given I have always made the mortgage payments and the loan to facilitate getting the mortgage is solely in my name.

    Surely there isn't a court in the land that would see a 50/50 share of equity as fair given the other party did a runner after two year in the property and has never paid a cent from day one?

    I guess I could claim 50% of the mortgage payments from the inception of the mortgage?

    Thanks.....
Page 1
    • getmore4less
    • By getmore4less 14th Jul 17, 11:34 AM
    • 29,171 Posts
    • 17,453 Thanks
    getmore4less
    • #2
    • 14th Jul 17, 11:34 AM
    • #2
    • 14th Jul 17, 11:34 AM
    Now she has disappeared again....! No idea where she is living etc...

    Is it worth me changing the tenancy into a Tenants in Common
    how do you plan to serve the notice you are ending the joint tenancy?
    • myotai
    • By myotai 14th Jul 17, 11:57 AM
    • 86 Posts
    • 6 Thanks
    myotai
    • #3
    • 14th Jul 17, 11:57 AM
    • #3
    • 14th Jul 17, 11:57 AM
    how do you plan to serve the notice you are ending the joint tenancy?
    Originally posted by getmore4less
    The only medium I have - email.

    Or via the mortgage company who have her address.

    Having said that if I am wholly unable to communicate with the other person on both the mortgage and the deeds how on earth am I expected to do anything.

    Its a ridiculous situation.
    • getmore4less
    • By getmore4less 14th Jul 17, 12:05 PM
    • 29,171 Posts
    • 17,453 Thanks
    getmore4less
    • #4
    • 14th Jul 17, 12:05 PM
    • #4
    • 14th Jul 17, 12:05 PM
    Changing to TIC wont change the problem you will still need their approval to do anything.
    • myotai
    • By myotai 14th Jul 17, 12:07 PM
    • 86 Posts
    • 6 Thanks
    myotai
    • #5
    • 14th Jul 17, 12:07 PM
    • #5
    • 14th Jul 17, 12:07 PM
    Changing to TIC wont change the problem you will still need their approval to do anything.
    Originally posted by getmore4less
    I don't need their approval to instruct a solicitor to act for me and to allow a court to decide on the equitable share of any profits though do I?
    • myotai
    • By myotai 14th Jul 17, 1:22 PM
    • 86 Posts
    • 6 Thanks
    myotai
    • #6
    • 14th Jul 17, 1:22 PM
    • #6
    • 14th Jul 17, 1:22 PM
    @getmore4less

    Any more advice?
    • getmore4less
    • By getmore4less 14th Jul 17, 1:57 PM
    • 29,171 Posts
    • 17,453 Thanks
    getmore4less
    • #7
    • 14th Jul 17, 1:57 PM
    • #7
    • 14th Jul 17, 1:57 PM
    I don't need their approval to instruct a solicitor to act for me and to allow a court to decide on the equitable share of any profits though do I?
    Originally posted by myotai
    Got to sell the place first.
    • myotai
    • By myotai 14th Jul 17, 2:00 PM
    • 86 Posts
    • 6 Thanks
    myotai
    • #8
    • 14th Jul 17, 2:00 PM
    • #8
    • 14th Jul 17, 2:00 PM
    Well, if push comes to shove I'll get an Order for Sale. I am confident of that much as the current situation is a tad ludicrous.

    Other party made no efforts at all over last 8 or so years to respond to please for contact - even the mortgage company have only been aware of her new address for two weeks....I am sure she should have informed them before now!
    • myotai
    • By myotai 14th Jul 17, 2:02 PM
    • 86 Posts
    • 6 Thanks
    myotai
    • #9
    • 14th Jul 17, 2:02 PM
    • #9
    • 14th Jul 17, 2:02 PM
    Anyway, does anyone have any advice re this situation?
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