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Name still on mortgage didn''t know. My rights are?

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14 Jun 12 #336775 by RooBooBob
Topic started by RooBooBob
Hi, please can someone help me?
I bought a house with my now ex partner when I was 19.
I''m now 37 and have just found out my name is still on the mortgage and is also on the deeds.
My partner kicked me out 4 months after buying the property and changed the locks so I couldn''t get back in the property.
I told him to get my name off the mortgage, I also rang the mortgage company and told them I no longer lived there.
My ex lived at the property for another 5? months then has rented the property out since that time.
I paid the full depost for the house when purchased, but have not contributed in any way since a couple of months after I left.
What rights do I have with house? Can I claim any equity? Can I force him to sell, or buy me out?
Any help is appreciated, thank you.

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14 Jun 12 #336797 by epitome title
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Hi

By "partner" you are not married?

If you are still on the title do you know how the title is held - either joint tenants or tenants in common?

I would suggest that you speak to a conveyancer who can get a copy of the title if you don''t already have one (you can do this yourself by going on the Land Registry site and downloading a copy of the register)

Once you have that, I would suggest speaking with a specialist family solicitor, who although if you are not married, we are not talking about a divorce, but he or she can give you the lowdown on whether you can force a sale or be bought out

Be interesting if you would post again as to what your options are once you know

Kind regards

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14 Jun 12 #336799 by RooBooBob
Reply from RooBooBob
Hi, thank you for your reply.
I guess we are joint tenants? I will need to investigate more.
I downloaded the land registry document and we are both named on it.
I will update as I get more info.
Thank you.

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14 Jun 12 #336802 by epitome title
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Hi

Holding the property as joint tenants means that if one of you passes on, the deceased''s share passes automatically to the other, tenants in common means that the share of the deceased''s person is dealt with as per that person''s will therefore does not automatically pass to the other

When you bought the property, did you make any provision for the fact that you paid the deposit? was a Deed of trust drawn up?

You mention that you are still on the mortgage, do you have any idea how much equity is in the property? You say that you bought the property when you were 19 and you are now 37, so in theory as you are still on the mortgage, it must nearly be paid off by now? As you are still on the title, he would not have been able to remortgage and unless you have signed something in the meantime, the original mortgage taken out is the mortgage still on the property.

I would suggest again that you speak to a family solicitor who will be able to advise you as to how best to go about getting your equity out of the property

Kind regards

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14 Jun 12 #336806 by RooBooBob
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Hi
I don''t remember making any agreements, we were in it together 50 / 50.
The mortgage was for 39k current value on zoopla is about 97k.
Mortgage outstanding is 16k, so 80k equity or thereabouts?
The mortgage company say there is no debt.
They didn''t know he was renting this property, this may change the mortgage interest rate? I guess they will try to contact ''us'' know they know?
I am going to try and get some free advice on Monday and try and work out a way forward.
Thank you.

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14 Jun 12 #336811 by epitome title
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Hi

I think that is a good way forward and as I say, be very interesting if you post an update once you have got some advice,

I do think you may be right however about the lender with regards to the fact that the property is being rented out but the mortgage is not a buy to let one but I suppose no need to worry about that until you have to

Kind regards

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18 Jun 12 #337445 by RooBooBob
Reply from RooBooBob
Hi, I''ve been to see the solicitor tonight.
I said I was still on the mortgage and she smiled and said nice, she said I should be entitled to some money from the house.
She said I need to go to mediation to resolve this issue.
If he doesn''t come to mediation I can force court action.
If he is awkward I can also force court action.
I will have to start filling in the forms tomorrow.
Fingers crossed. Nervous about seeing him again.

For those who maybe interested...
mediation can be free if you get legal aid, if not its different costs depending on your wage. My solicitor said it will cost me £50.00 a session.

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