Worth Changing Tenancy on Deeds

myotai

Hi,

As briefly as I can...(and I know this should have been sorted when a long time ago.....but it wasn't)

Looking to sell.

Joint Tenancy for 11 years. She left property never to be heard of again 8 years ago. she recently managed to reply to attempted contact.

Now she has disappeared again....! No idea where she is living etc...

Is it worth me changing the tenancy into a Tenants in Common so I can have a fair share of the equity...like all of it? Given I have always made the mortgage payments and the loan to facilitate getting the mortgage is solely in my name.

Surely there isn't a court in the land that would see a 50/50 share of equity as fair given the other party did a runner after two year in the property and has never paid a cent from day one?

I guess I could claim 50% of the mortgage payments from the inception of the mortgage?

Thanks.....

getmore4less

Now she has disappeared again....! No idea where she is living etc...

Is it worth me changing the tenancy into a Tenants in Common

how do you plan to serve the notice you are ending the joint tenancy?

myotai

getmore4less wrote: »

how do you plan to serve the notice you are ending the joint tenancy?

The only medium I have - email.

Or via the mortgage company who have her address.

Having said that if I am wholly unable to communicate with the other person on both the mortgage and the deeds how on earth am I expected to do anything.

Its a ridiculous situation.

getmore4less

Changing to TIC wont change the problem you will still need their approval to do anything.

myotai

getmore4less wrote: »

Changing to TIC wont change the problem you will still need their approval to do anything.

I don't need their approval to instruct a solicitor to act for me and to allow a court to decide on the equitable share of any profits though do I?

myotai

@getmore4less

Any more advice?

getmore4less

myotai wrote: »

I don't need their approval to instruct a solicitor to act for me and to allow a court to decide on the equitable share of any profits though do I?

Got to sell the place first.

myotai

Well, if push comes to shove I'll get an Order for Sale. I am confident of that much as the current situation is a tad ludicrous.

Other party made no efforts at all over last 8 or so years to respond to please for contact - even the mortgage company have only been aware of her new address for two weeks....I am sure she should have informed them before now!

myotai

Anyway, does anyone have any advice re this situation?