Joint Ownership...courts next?

myotai

Hi everyone,

I am aware that there is lots of stuff out there regarding this. But every case has its unique peculiarities eh?

Joint owned. She left around 8 years ago.

Not seen ex partner for 8 years over which period I paid the mortgage on the dot - never left the home

I have since married and have a 3.5 child

Mortgage company say they have no problem with me selling.

I have tried everything bar telepathy to contact other owner as have mortgage company.

Want to sell now as moving abroad.

What are my options given she doesn't seem to want to respond to any form of communication?

If it is the courts can I make an application (for whatever it is) myself?

Thanks so much for you help!!

M...

Thrugelmir

Tried a tracing agency?

myotai

Thrugelmir wrote: »

Tried a tracing agency?

Do I need to go that far myself? Not sure if thats my remit.

I am tempted to just go down the courts path and be done with it.

tykesi

I would imagine if it was successful it would be a hell of a lot cheaper than going to court to force a sale.

myotai

tykesi wrote: »

I would imagine if it was successful it would be a hell of a lot cheaper than going to court to force a sale.

Well, this is one of my questions. Does it cost a lot to do it through the courts? Can I not make an application myself?

M...

silvercar

Tracing agents are useful if the partner will respond once found. If they won't cooperate there is not much gain.

Talking of gain, is there much equity in the property? That could galvanise the partner into action. If there isn't much equity and you are moving abroad with little intention of returning, one option could be to walk away and let the lender sort it out! Bit drastic I know, but it means you can get on with your life.

myotai

silvercar wrote: »

Tracing agents are useful if the partner will respond once found. If they won't cooperate there is not much gain.

Talking of gain, is there much equity in the property? That could galvanise the partner into action. If there isn't much equity and you are moving abroad with little intention of returning, one option could be to walk away and let the lender sort it out! Bit drastic I know, but it means you can get on with your life.

Great point and a great bit of leverage too! I never thought of that.

There is about a 40k profit to be made once sold. so walking away would be easier, but even though (I am daft enough) to still feel I need to give her at least a portion of that we would still start up again abroad with a good old wedge!

Thrugelmir

myotai wrote: »

Do I need to go that far myself? Not sure if thats my remit.

I am tempted to just go down the courts path and be done with it.

If you haven't made a serious attempt to contact the other party.
Then what does the court base it's decision on. Other than rely purely on your version of events.

myotai

Thrugelmir wrote: »

If you haven't made a serious attempt to contact the other party.
Then what does the court base it's decision on. Other than rely purely on your version of events.

I have been making serious attempts to contact her for three years now. Are you suggesting I need to start paying for a tracing service as a part of demonstrating to the courts I have been trying?

TBagpuss

In order to make a court application you will need to serve the paperwork on her, so you need her address either way. The court can't trace her for you.

Basically what a court can do is;
1. decide what proportion of the proeprty each of you is entitled to
2. Order the sale
3. If they have done 1 & 2 and she doesn't want to sign the paperwork for the sale, a Judge can sign on her beahlf.

But at each stage, she need to be notified of the applications and orders made and to have the opportunity to come to court to say what she wants.

Service by post to her last known address *may* be enough at the early stages but I suspect a court may require more before actually selling a property.

myotai

TBagpuss wrote: »

In order to make a court application you will need to serve the paperwork on her, so you need her address either way. The court can't trace her for you.

Basically what a court can do is;
1. decide what proportion of the proeprty each of you is entitled to
2. Order the sale
3. If they have done 1 & 2 and she doesn't want to sign the paperwork for the sale, a Judge can sign on her beahlf.

But at each stage, she need to be notified of the applications and orders made and to have the opportunity to come to court to say what she wants.

Service by post to her last known address *may* be enough at the early stages but I suspect a court may require more before actually selling a property.

Thats helpful thanks!

Does this cost much? Is it something I can do myself in terms of bypassing solicitors fees?

M...