Joint Mortgage Sale - Paperwork

Missb82

Hi

I bought a house in Oct 2007 with my ex partner. The deposit and fees were all paid for by myself.

In Jan 2011 we split and he left to move in with his new partner. Since then (and to be fair 95% of the time we were together) he has paid nothing towards the house/mortgage or even my son, he left me with debts solely in my name because I'm a fool which he also hasn't paid a penny towards and I paid his phone bill for over a year after he left. All payments for bills and the mortgage have always been paid by me.

I would now like to sell up in order to relocate but aren't in contact with him. Is there going to be lots of paperwork which will require his signature or is there one document I can arrange somehow for him to sign which basically states I have authority to deal with all the paperwork? Also will any monies paid out from the sale automatically go into the bank account which mortgage payments are taken from?

Many thanks in advance

G_M

Missb82 wrote: »

Is there going to be lots of paperwork which will require his signature
Yes
or is there one document I can arrange somehow for him to sign which basically states I have authority to deal with all the paperwork?
Yes. It's called an Enduring Power of Attorney. He'd be a fool to sign it though!
Also will any monies paid out from the sale automatically go into the bank account which mortgage payments are taken from?

Many thanks in advance

I assume the property Title is in joint names? As Tenants in Common, or Joint Tenants?

Depending which, the money from the property will be split equally, or in the percentage originally agreed. Any different split of the money would need his consent or a court order.

You will be unable to sell the property without either his agreement or a court order.

Missb82

I know he wants his name off the mortgage too but until now I haven't been able to get one soley in my name in order to get that done. Getting his agreement to sell isn't the issue its the lack of communication if there's lots of back and forth paperwork.

It would be ideal to be able to meet up once, have one document signed to say I have authority to deal with the sale and all paperwork on his behalf and then get on with it myself.