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    • Emmamarsh
    • By Emmamarsh 17th Jul 17, 3:05 PM
    • 6Posts
    • 0Thanks
    Emmamarsh
    Selling whilst ex partner still lives in family home
    • #1
    • 17th Jul 17, 3:05 PM
    Selling whilst ex partner still lives in family home 17th Jul 17 at 3:05 PM
    Hi, any info here would be appreciated!

    My partner separated two years ago from his partner of 20yrs.
    Since then and to date, he has paid the mortgage (£1000/month) his youngest son (19) has just finished college and he had said instead of paying CSA he would pay the mortgage as, although a much higher amount, it was security for his boys.

    He's now wanting to sell the house, which is in joint names. They are not married and the relationship ended (he moved out) 2 years ago. His ex partner obviously doesn't want to. He is happy to split any equity evenly but doesn't want her to drag the process out in order to benefit from free accommodation.

    He's also learnt that (she's unemployed) she can take out loans against the property and he will be joint responsible for so it's become a really worry situation for him.

    Has anyone any advice on this, any similar experiences? Can he remove her name from ownership without her permission? Any other advice or info would be welcome too.
    Thank you, Emma.
Page 1
    • ACG
    • By ACG 17th Jul 17, 3:19 PM
    • 15,388 Posts
    • 7,782 Thanks
    ACG
    • #2
    • 17th Jul 17, 3:19 PM
    • #2
    • 17th Jul 17, 3:19 PM

    He's also learnt that (she's unemployed) she can take out loans against the property and he will be joint responsible for so it's become a really worry situation for him.
    Originally posted by Emmamarsh
    Who has told you that?
    If the debt is being secured against a property it would need to be signed for by both owners as far as I am aware. If it was not signed for by both, then how could he be liable for it?

    Has anyone any advice on this, any similar experiences? Can he remove her name from ownership without her permission? Any other advice or info would be welcome too.
    Thank you, Emma.
    No he cant, just like she cant remove him without his permission.

    Speak to a solicitor.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • Jenniefour
    • By Jenniefour 17th Jul 17, 3:25 PM
    • 1,091 Posts
    • 1,060 Thanks
    Jenniefour
    • #3
    • 17th Jul 17, 3:25 PM
    • #3
    • 17th Jul 17, 3:25 PM

    He's also learnt that (she's unemployed) she can take out loans against the property and he will be joint responsible for so it's become a really worry situation for him.
    Originally posted by Emmamarsh
    When someone tries to take out a loan against a jointly owned property the consent of both persons is required.

    He can go for a forced sale but it will cost.
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