mortgage

craiggy

we are 2 of 3 on a mortgage, the third party has not paid anything for 14 years, is he entitled to a share? and can we get him removed from the mortgage?

Thrugelmir

What does the legal agreement between the parties say?

You'll need the other party's agreement to the transaction. Not merely remove their name.

In the process you'll need to obtain a new mortgage.

Annisele

Sorry OP, but it's absolutely impossible to tell from here.

I very much hope there's a legal agreement between the parties. If there isn't (or if there is and there's a dispute about it) then this can be something of a minefield, and you're likely to need professional advice.

craiggy

what if someone else has been payin his share?

Annisele

craiggy wrote: »

what if someone else has been payin his share?

Still impossible to say from here.

Somebody else might have been paying his share - but he could say that that money was rent, because the somebody else was living in his house.

craiggy

the third party has not been living in the house and hasnt paid anything towards the mortgage for 14 years. has he still got legal rights to his share and to move back in with his family?

Annisele

Possibly, possibly not. Sorry, but it really is impossible to say without: knowledge of the full facts; sight of any agreements reached at the time; and a legal background. Some of the posters here will have the last one, but none of them will have the first two!

Even if we did have all of those things, in some circumstances it's impossible to be sure what rights somebody has until the whole thing ends up in court.

I know that isn't very helpful, but it's all I've got I'm afraid.

Thrugelmir

craiggy wrote: »

what if someone else has been payin his share?

There's no shares in a mortgage. All parties are jointly and severally liable for repayment ( and in effect the debt).

Not a criticism, but this matter should have been addressed before now.

There's no legal right as such to move back in.

Did the other party not contribute by paying maintenance?

craiggy

no, the one who has not paid anything for 14 years has not contributed to the maintence and up keep of the property and has not lived in thye property for 14 years, but the person paying his share has contributed to the property

Thrugelmir

craiggy wrote: »

no, the one who has not paid anything for 14 years has not contributed to the maintence and up keep of the property and has not lived in thye property for 14 years, but the person paying his share has contributed to the property

I meant maintenance for the family, i.e. CSA.

craiggy

there is no family like that its brothers and sister that have bought it together