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Mortgage in both names

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  • myotai
    myotai Posts: 102 Forumite
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    cjdavies wrote: »
    [/LIST]
    Lesson is sort it out asap when one leaves ;)

    Ha! Thanks....hoping for it not to happen again :)
  • Kynthia
    Kynthia Posts: 5,668 Forumite
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    As someone pointed out earlier if you own as joint tenants she gets the whole property in the event of your death. If you own as tenants in common she will get half the property in the event of your death (unless you legally own different percentages). I can't imagine your wife will be very happy to know this so don't leave it 6 more years to sort it.

    You didn't have to buy it with her, you could have bought a place in just your name, although it would possibly have needed to be somewhere cheaper. So you were part of this decision and signed all the legal paperwork for the property and paperwork for the loan (mortgate).
    Don't listen to me, I'm no expert!
  • myotai
    myotai Posts: 102 Forumite
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    Not entirely sure what I can do to go anyway sorting it out - now we've more than adequately established what I did wrong that is - I respectfully request we dont linger on this point?
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    myotai wrote: »
    Not entirely sure what I can do to go anyway sorting it out


    The answer was in the very first reply to your thread. I'm assuming you read it as you 'thanked' G_M for the post.

    G_M wrote: »
    2) Apply for a court order forcing the sale. You'll need a solicitor and I assume you'll have to convince a judge you've made all reasonable eforts to find her.
  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    myotai wrote: »
    Not entirely sure what I can do to go anyway sorting it out - now we've more than adequately established what I did wrong that is - I respectfully request we dont linger on this point?

    Do you have any way of contacting her? Facebook (bearing in mind she may have blocked you so search from someone else's who she wouldn't have blocked)? Parents' home address? Friend?


    Jx
    2023 wins: *must start comping again!*
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    myotai wrote: »
    Not entirely sure what I can do to go anyway sorting it out
    Simple.

    Track down the joint owner of the property.

    If you REALLY, REALLY can't (not just "Well, I haven't got a number for her...") then, as steampowered said on the last page...
    steampowered wrote: »
    If you genuinely cannot locate her after conducting a proper search, you will be able to apply for a court order allowing the property to be sold. A District Judge has the power to sign the Land Registry forms for her if required.

    It would be worth speaking to a property solicitor about this, I think.
    Get your finger out and do some basic legwork. Ask any friends you may have in common. Try to find her or any of her friends or family on FB or other social media. Search 192.com or similar. Might she be or ever have been a company director? If so, try Companies House. Check the electoral roll (the full one, at a main library) for your area, and for adjoining areas, if you think she might still be in the same part of the country. This is the 21st century. People don't just disappear without trace.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    You need to do 2 things.

    Find the ex.... If dead breathe easy joint tenants it yours.

    If alive serve the severance of the joint tenancy to protect any share you have from you dying.

    Negotiations begin.

    Remember worst case is she moves back into HER house.
    That will please the wife.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    AdrianC wrote: »
    Get your finger out and do some basic legwork. Ask any friends you may have in common. Try to find her or any of her friends or family on FB or other social media. Search 192.com or similar. Might she be or ever have been a company director? If so, try Companies House. Check the electoral roll (the full one, at a main library) for your area, and for adjoining areas, if you think she might still be in the same part of the country.
    Or, rather simpler and quicker, just employ a tracing agent to do the legwork for you.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    davidmcn wrote: »
    Or, rather simpler and quicker, just employ a tracing agent to do the legwork for you.
    If they're cheap, then they're just doing what you can do yourself easily - probably more easily, as you have a head-start in terms of knowing the names and locations of friends and relatives.

    If you draw a dead-end, then it's probably cheaper just to go straight to the court paperwork.
  • myotai
    myotai Posts: 102 Forumite
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    Thanks...I have tried. I think she made a completely clean break - I can appreciate that.
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