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Property dispute - ADVICE
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[Deleted User]
Posts: 0 Newbie
Hello, I was hoping someone could offer some practical advice re a property dispute.
I bought a property and an unsecured loan with my ex-partner in 2006 (we are joint tenants). In 2007, he moved out of the property and the country, and later in the year the relationship broke down. Since 2007 I have been the sole payer of the mortgage and responsible for the maintenance of the property, as the ex-partner has never offered to contribute, has only asked for money. I am not aware of his whereabouts for over a decade.
I bought a property and an unsecured loan with my ex-partner in 2006 (we are joint tenants). In 2007, he moved out of the property and the country, and later in the year the relationship broke down. Since 2007 I have been the sole payer of the mortgage and responsible for the maintenance of the property, as the ex-partner has never offered to contribute, has only asked for money. I am not aware of his whereabouts for over a decade.
The property has been partly rented out since 2007. I have also moved out of the property in the last 8 years.
I now need to resolve this dispute. Does anyone have any experience with a similar case? If so, what is your advice? Also, how do I choose professional legal help, someone who will fight my corner?
thank you
thank you
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Comments
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The best advice I could give is to choose a Solicitor from recommendations, is there anyone you know who has been through a civil/family dispute, or someone who can recommend a certain firm of lawyers? Good luck
Happy moneysaving all.0 -
this will be a difficult one as you are joint tenants, his agreement to sell the property will be needed. are you sure it is joint tenants and not tenants in common?
you will need to approach a solicitor to ask about how you can sell the property and move on. i would start speaking to a family lawyer first even though you were not married and you are not getting divorced. they will be able to advise you who at their law firm will be able to help you the best.1 -
Would it be worth contacting Citizens Advice for some pointers as to where exactly to start? As AskAsk says, it sounds like this is going to be quite complex.Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.0
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Sorry, I'm confused. What is the dispute? Are you wanting to sell the property and he is not wanting to?Deleted_User said:Hello, I was hoping someone could offer some practical advice re a property dispute.
I bought a property and an unsecured loan with my ex-partner in 2006 (we are joint tenants). In 2007, he moved out of the property and the country, and later in the year the relationship broke down. Since 2007 I have been the sole payer of the mortgage and responsible for the maintenance of the property, as the ex-partner has never offered to contribute, has only asked for money. I am not aware of his whereabouts for over a decade.The property has been partly rented out since 2007. I have also moved out of the property in the last 8 years.I now need to resolve this dispute. Does anyone have any experience with a similar case? If so, what is your advice? Also, how do I choose professional legal help, someone who will fight my corner?
thank you
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I am also confused? what is the dispute?warwick2001 said:Sorry, I'm confused. What is the dispute? Are you wanting to sell the property and he is not wanting to?
although if it isn't selling it, I think you need to be getting the ownership of the property sorted out asp as he will own half of it despite you having paid all the mortgage and upkeep - assuming it was 50:50 when you bought it?0 -
i think the OP means the break up. the disagreement that had caused them to split up so now she wants to cut ties.mason's_mum said:
I am also confused? what is the dispute?warwick2001 said:Sorry, I'm confused. What is the dispute? Are you wanting to sell the property and he is not wanting to?
although if it isn't selling it, I think you need to be getting the ownership of the property sorted out asp as he will own half of it despite you having paid all the mortgage and upkeep - assuming it was 50:50 when you bought it?0 -
Hello, I don't know his whereabouts first, and then even if I find him, he won't want to sell the house. So how can I force a house sell? OR can I even force a transfer of ownership when someone has disappeared?warwick2001 said:
Sorry, I'm confused. What is the dispute? Are you wanting to sell the property and he is not wanting to?Deleted_User said:Hello, I was hoping someone could offer some practical advice re a property dispute.
I bought a property and an unsecured loan with my ex-partner in 2006 (we are joint tenants). In 2007, he moved out of the property and the country, and later in the year the relationship broke down. Since 2007 I have been the sole payer of the mortgage and responsible for the maintenance of the property, as the ex-partner has never offered to contribute, has only asked for money. I am not aware of his whereabouts for over a decade.The property has been partly rented out since 2007. I have also moved out of the property in the last 8 years.I now need to resolve this dispute. Does anyone have any experience with a similar case? If so, what is your advice? Also, how do I choose professional legal help, someone who will fight my corner?
thank you0 -
It was 50:50 when bought, but since then I have been responsible for the upkeep, and maintaining the mortgage payments. I want to severe the financial ties and sell the house. Any profits from the sale, I don't want them to be 50:50. is that even possible?mason's_mum said:
I am also confused? what is the dispute?warwick2001 said:Sorry, I'm confused. What is the dispute? Are you wanting to sell the property and he is not wanting to?
although if it isn't selling it, I think you need to be getting the ownership of the property sorted out asp as he will own half of it despite you having paid all the mortgage and upkeep - assuming it was 50:50 when you bought it?0 -
how have you been dealing with the rent? were the mortgage lender happy to give consent to let without ex being on application or are you renting under the original residential mortgage?Deleted_User said:The property has been partly rented out since 2007. I have also moved out of the property in the last 8 years.
have you been paying the tax on 100% or 50% of the rental profit? I am assuming since you do not know where ex is you have been keeping 100% of the income.
have you looked at he Capital Gains Tax implications on selling?
If you don't want them to have 50% what would you calculate the correct % to be?0 -
Moving this to the housing board.I hope you sort out the problem OP.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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