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seperated from partner,advice please.

2

Comments

  • 999gsi
    999gsi Posts: 5 Forumite
    Just a quick update.My partner refuses to communicate with me.out of the blue i got a text to say she has put the house on the market,lo and behold its on rightmove(50k more than we paid for it). i wasnt consulted re estate agents etc. is it legal to put a house up for sale without my consent. thanks phil.
  • Blackpool_Saver
    Blackpool_Saver Posts: 6,599 Forumite
    I would get a solicitor
    Blackpool_Saver is female, and does not live in Blackpool

  • Hovel_lady
    Hovel_lady Posts: 4,291 Forumite
    999gsi wrote: »
    Just a quick update.My partner refuses to communicate with me.out of the blue i got a text to say she has put the house on the market,lo and behold its on rightmove(50k more than we paid for it). i wasnt consulted re estate agents etc. is it legal to put a house up for sale without my consent. thanks phil.
    She can put it up for sale but as you are the deeds/mortgage she can't sell it without your consent so little point putting it up for sale :think:
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    999gsi wrote: »
    Just a quick update.My partner refuses to communicate with me.out of the blue i got a text to say she has put the house on the market,lo and behold its on rightmove(50k more than we paid for it). i wasnt consulted re estate agents etc. is it legal to put a house up for sale without my consent. thanks phil.

    Contact the EA and make sure they understand that you are also an owner. It's possible that she's told them it's in her name.
  • rpc
    rpc Posts: 2,353 Forumite
    999gsi wrote: »
    Just a quick update.My partner refuses to communicate with me.out of the blue i got a text to say she has put the house on the market,lo and behold its on rightmove(50k more than we paid for it). i wasnt consulted re estate agents etc. is it legal to put a house up for sale without my consent. thanks phil.

    This will, at least, get you your money (if there is any equity in it).

    How did you own the house - joint tenants or tenants in common?

    As mojisola said, make sure the EA knows you are a co-owner. Your ex can do what she wants, but ownership of the house cannot be transferred without your signature on the dotted line.
  • Steel_2
    Steel_2 Posts: 1,649 Forumite
    Part of the Furniture Combo Breaker
    edited 20 May 2012 at 3:14PM
    Agree with others.

    Ring the EA and tell them you are on the deeds and no sale will go through - and therefore no fee for them - without your agreement and signature. Make sure they have your new address and that all correspondance also comes to you.

    You need to get a solicitor now and either find out from the EA who her solicitor is and pass it on to your own or get your solicitor on the case to do that.

    I sincerely hope she wasn't thinking she might fake your signature to get it to go through and have all the money transferred into her account?

    I don't recall hubby and I ever having to go anywhere together to officially sign documents when we sold our house - we signed everything at home and just had to have witnesses.
    "carpe that diem"
  • Frogletina
    Frogletina Posts: 3,927 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I bought an apartment from a woman who said she was the sole owner. My purchase was delayed when the solicitors found out that her ex husband's name was still on the deeds. He was in Sweden and paperwork had to be sent there which delayed the completion of it. Fortunately he agreed to the sale and it went through ok.

    I know another man though who refuses to sign for the sale of a joint property which his ex wife still lives in. She is desperate to sell but cannot get him to sign anything. He has not contributed for over 10 years, no children involved but has managed to get a new mortgage with his second wife. I have no idea how that will ever get resolved.
    Not Rachmaninov
    But Nyman
    The heart asks for pleasure first
    SPC 8 £1567.31 SPC 9 £1014.64 SPC 10 # £1164.13 SPC 11 £1598.15 SPC 12 # £994.67 SPC 13 £962.54 SPC 14 £1154.79 SPC15 £715.38 SPC16 £1071.81⭐⭐⭐⭐⭐⭐⭐⭐⭐Declutter thread - ⭐⭐🏅
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    As advised: make your presence known to the estate-agent, then get yourself a solicitor to represent you. Make it known IN WRITING to your ex that discussions need to take place in order to agree what the share of any equity will be.

    As there was no formal and legal agreement when your bought together it will only be your own morals which dictate whether you will disregard the deposit she put into the purchase. One could take the view that you should receive less because you didn't contribute to the deposit and you haven't paid anything towards the mortgage for however long it may have been. I suspect all this could prove to be more of a sticking-point than reaching an agreement about what a fair offer for the property might be.

    With good-will on both sides it might be fairly simple.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Person_one wrote: »
    ... As you are no longer contributing, add up the cost of what you would have been paying (half of each monthly payment I presume) and knock that off the final sum she owes you to buy you out.
    .... But as you have not been occupying the property but she has, and you have had to rent, set half of a fair rent against half of the mortgage before knocking anything off the final sum she owes you to buy you out.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Johnhowell
    Johnhowell Posts: 692 Forumite
    Part of the Furniture 500 Posts
    All EAs involved in the sale of our place wanted both parties present and had to sign contract before they preceded with sales details.

    Good luck,
    John
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