Property Valuation in Transfer of Equity

Patterson999

Hi, I am joint owner with my ex partner and have been out the house for 3 years now still paying the mortgage.  I have requested a transfer of equity which my partner has agreed to.  However, she has undertaken the valuations on her own accord.  They seem low and one is with a estate agent her family uses to rent property though so im not sure they are independent.  The I tried to arrange separate valuations she refuse.  I'd like to have my own valuation made to be sure.  Am I legally allowed to?

Keep_pedalling

You should do and as you are a joint owner there is nothing she can do to stop you. 

canaldumidi

Pay an RICS surveyor for a formal written Valuation.

Has your ex being paying you rent, given that you jointly own, and jointly paying the mortgage, but whilst (s)he benefits from having a home, you are (presumabky?) paying rent to live elsewhere?

Or is there more to the history? Divorce settlement? Kids?

Patterson999

Keep_pedalling said:

You should do and as you are a joint owner there is nothing she can do to stop you. 

Thank you, she has prevented me undertaking the valuations.  I had 3 estate agents prepared to view and she initially requested to be at the property during these then advised the estate agents that she had undertaken the valuations already.  Deed says we need to undertake three and these should be jointly.  Does that mean the valuations are done now and she can refuse any more? Even if I wasn't part of arranging that? I was presuming I could arrange a valuation at any point?  Whats best to do?

Patterson999

I'd like to arrange for a formal valuation, but she is refusing to grant access to the property to any estate agent or surveyor.  

We both pay the mortgage as joint how owners.  I pay my share of the mortgage to her and she then pays the mortgage in one payment.   I do pay rent elsewhere.  We separated 3 years ago and as part of that I agreed to move out and continue  to pay the mortgage to prevent having to sell it to disrupt the kids.  This would allow my ex partner to get into a position to solely take on the mortgage prior to it reaching the end of the fixed term.  I have been requesting to leave the mortgage for 2 years now to help buy my own place and prior to it reaching the end of the fixed term she provided an offer and the 3 separate valuations she had undertaken herself. When I requested my own valuations she then refused them.  It feels a little concerning and if only for peace of mind I'd like to conduct my own valuation as its a major part in working out the transfer of equity.  What is best to do? How can I legally obtain a valuation?  Do I even have a right to get my own valuations if she has undertaken them?

Slithery

Patterson999 said:

I'd like to arrange for a formal valuation, but she is refusing to grant access to the property to any estate agent or surveyor.

Can you let them in?

canaldumidi

You are a joint owner. Do you have a key?

If yes, arrange to be there and let the surveyor in.

If not, take a copy of your Land Registry Title showing you are a registered owner to a locksmith and get him to unlock the door to let the surveyor in. Maybe replace the lock at the same time and give ex a spare key so you both have access to your jointly owned property.

eddddy

Patterson999 said:

However, she has undertaken the valuations on her own accord.

It sounds like you're saying that she instructed 3 estate agents to do valuations. Were the estate agents RICS accredited?

Were these "paid-for" valuations, with written reports? Were the estate agents told the purpose of the valuations?

Patterson999 said:

Deed says we need to undertake three and these should be jointly.  

It sounds like you should be using RICS Single Joint Experts - or similar.

i.e. You agree to jointly appoint a suitably qualified RICS valuer (or 3), and agree to be bound by their valuation(s).

There are RICS valuers who are experienced in working this way - because they prepare valuations for courts etc. So they are experienced in dealing with people who are in dispute, and they make sure they are not influenced by either party.

Try googling RICS Single Joint Expert for some info.

Exodi

Respectfully, you are a joint owner and paying half the mortgage to boot.

If you don't have a key, request her to provide one or have a locksmith change the locks.

Of course you are entitled to get your own house valued. Ridiculous.

Exodi

Is this of any involvement to this thread per chance?

https://forums.moneysavingexpert.com/discussion/6347880/can-i-force-my-ex-to-sign-a-tr1-form

I think it's a mighty coincidence otherwise - though both accounts seem to be completely different, go figure?

Patterson999

Slithery said:

Patterson999 said:

I'd like to arrange for a formal valuation, but she is refusing to grant access to the property to any estate agent or surveyor.

Can you let them in?

I could but that feels a bit unnecessary really and may lead to problems if it was unpermitted.  Hoping my ex comes to an agreement to let them in or at least permit it.