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Mortgage with a criminal
Comments
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I still don’t see why he should simply give her his equity. Has she offered to pay him a fair value, as well as taking on his share of the loan?Slayerx said:Thank you for all replies
They weren't married and she couldnt afford until recently going full time to take on the mortgage In her own name.
This was prior to his conviction and he refused at that point to engage with a transfer of equity.
The house is held in joint tenants.
He is also a home owner with his current partner.
Could see look to go down a family court route as he is inside for approx 10 years.No reliance should be placed on the above! Absolutely none, do you hear?1 -
You seem to have ignored some important questions in this thread.Slayerx said:Thank you for all replies
They weren't married and she couldnt afford until recently going full time to take on the mortgage In her own name.
This was prior to his conviction and he refused at that point to engage with a transfer of equity.
The house is held in joint tenants.
He is also a home owner with his current partner.
Could see look to go down a family court route as he is inside for approx 10 years.
They’re joint tenants and he is on the mortgage so therefore he owns half the property. Is she trying to buy him out of his share? If not is she expecting him just hand over what is presumably a lot of money or am I missing something here?
His conviction makes no difference to his rights. She could potentially force a sale or to buy him out but it would be easier with his agreement.
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This is a property issue not a family one so I don’t think the family court is going to be able to help your friend. The fact the ex also owns a home with his current partner is irrelevant, he is a joint owner of your friend’s home and therefore entitled to some of the equity. Your friends needs proper, paid for, legal advice from a solicitor who specialises in the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) to help her.Slayerx said:Thank you for all replies
They weren't married and she couldnt afford until recently going full time to take on the mortgage In her own name.
This was prior to his conviction and he refused at that point to engage with a transfer of equity.
The house is held in joint tenants.
He is also a home owner with his current partner.
Could see look to go down a family court route as he is inside for approx 10 years.0
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