Owner of 50% wants out ?
Discussion
Hi All,
Looking for some advice for a friend here. He's from Glasgow, moved down south 20 years ago, ex Royal Marine.
He bought a house in Twickenham with his now ex-girlfriend on a 50/50 split. Both names on mortgage.
It's a townhouse, he's now living in the bottom half, his ex in the top (with 2 kids from another relationship). All amicable but he wants out and to release the equity to move back to Glasgow.
She's happy with things as they are as can't pay the mortgage on her own, won't buy him out, consider downsizing etc.
What are his realistic options here ?
Thanks for any insights.
Dougie.
Not sure anyone would buy half a house as liability for the mortgage isn’t limited to half. Time to see a solicitor and get a court order to force the sale. Not ideal if trying to keep things amicable but if the ex refuses to downsize then there is no other option. No idea if kids will affect this.
driver67 said:
Ken Figenus said:
Tenants in common mean you can't sell without both parties' consent.
Is there a difference between tenants and owners in the eyes of the law?As above it matters whether they are joint tenants or tenants in common as these are two different ways of owning a house jointly which give rise to two different sets of rights in the event of a sale.
Friend of mine who divorced had a similar issue. Ex lives in the marital house with kids, she pays the mortgage he lives elsewhere.
Their agreement was that each party owns 50 percent, she pays the mortgage as she is living there - they put a time limit on of like 5 years at which point she has to buy him out or they sell it (and sale could be forced). He is actually in a good position now as she is buying him out and the property is worth considerably more than it did 5 years ago.
I don't know if this was do to a divorce term or otherwise mind, but agreeing it formally in writing with solicitors is a good place to start.
Their agreement was that each party owns 50 percent, she pays the mortgage as she is living there - they put a time limit on of like 5 years at which point she has to buy him out or they sell it (and sale could be forced). He is actually in a good position now as she is buying him out and the property is worth considerably more than it did 5 years ago.
I don't know if this was do to a divorce term or otherwise mind, but agreeing it formally in writing with solicitors is a good place to start.
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k off from my thread please.