Advice Needed Please

Orlando_Virgin

Hi All,

Hope you can help.

After buying a house together on a joint mortgage in August 2009 my ex-partner moved out shortly after in November/December.

As I need enough equity in the house with Birtannia to take the mortgage over in my own name, her name is still on the mortgage (I am around £2500 short of having enough), I paid her back her side of the deposit just after we sold and she signed a letter saying she had no more interest in the property whatsoever as I had paid her what she invested. She has not paid anything towards the upkeep of the property since the day she moved out.

I can only assume she is after buyinjg her own property as she has recently been in touch saying she needs her name off the mortgage. She also said if Britannia won't agree to me taking it I will need to sell the house. I haven't said anything back as of yet, just that I will seek advice.

What are her legal rights and the sensible steps to take here?

Thrugelmir

Worst scenario. Your ex partner has the option of forcing the sale of the property. Though this would take several months to be heard in court and at great expense. Though the costs of the case could be awarded against you in the circumstances.

Personally I would suggest maintaining an active dialogue with your ex. As the £2,500 shortfall should be attainable within a reasonable timeframe. Perhaps bunker down your finances for a few months to help you reach your goal.

Orlando_Virgin

What is the reason the expense could be given to me?

To be honest that is what I am going to try and achieve. Make the £2500 ASAP and keep open and honest with her as much as I can. If worst came to worse and she forced the sale, what would happen with the proceeds?

Thrugelmir

Orlando_Virgin wrote: »

What is the reason the expense could be given to me?

What grounds would you use as a defence to the sale of the property?

The judge most likely wouldn't view your inability to raise a mortgage as sufficient grounds. So could view your actions as being obstructive.

Not being judgemental in my comments above, but all that matters is the facts not opinion.

Orlando_Virgin

Thrugelmir wrote: »

What grounds would you use as a defence to the sale of the property?

The judge most likely wouldn't view your inability to raise a mortgage as sufficient grounds. So could view your actions as being obstructive.

Not being judgemental in my comments above, but all that matters is the facts not opinion.

Oh absolutely agree, and thanks for being objective. I think I will organise some sort of raising of the £2500 in a timescale I can hopefully agree with my ex.

If I can't reach an agreement I will have to put the property on the market. I can see her side of it as well.