Owner of 50% wants out ?
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Discussion

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all

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.

Brads67

3,199 posts

127 months

Sunday 29th December 2019
quotequote all
Sell the bottom half to a letting company then leave her to it.

Doofus

34,374 posts

202 months

Sunday 29th December 2019
quotequote all
driver67 said:
He's from Glasgow, moved down south 20 years ago, ex Royal Marine.
This is relevant why?

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all
Doofus said:
This is relevant why?
Your reply is relevant why ?. fk off from my thread please.

kiethton

14,646 posts

209 months

Sunday 29th December 2019
quotequote all
Was there a deed of trust drawn up at the time of purchase detailing the process to sell in the event of a split?

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all
kiethton said:
Was there a deed of trust drawn up at the time of purchase detailing the process to sell in the event of a split?
Unfortunately not, usual situation it appears, we'll be happy ever after .......

Doofus

34,374 posts

202 months

Sunday 29th December 2019
quotequote all
driver67 said:
Your reply is relevant why ?. fk off from my thread please.
'K

Been through almost exactly the same thing with my sister in the past year, but fair enough. byebye

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all
Doofus said:
'K

Been through almost exactly the same thing with my sister in the past year, but fair enough. byebye
Then why not reply with something relevant ?. You added zero content to the information I am looking for.

Dougie.



BertBert

21,264 posts

240 months

Sunday 29th December 2019
quotequote all
perhaps doofus by name etc?

Turn7

25,719 posts

250 months

Sunday 29th December 2019
quotequote all
driver67 said:
Doofus said:
'K

Been through almost exactly the same thing with my sister in the past year, but fair enough. byebye
Then why not reply with something relevant ?. You added zero content to the information I am looking for.

Dougie.
The way of PH today very sadly......

cadmunkey

783 posts

118 months

Sunday 29th December 2019
quotequote all
He can just initiate a sale, been there done that and got the tee-shirt!
Will more than likely need to engage a solicitor as she won't go without a fight I suspect.

Sloan85

53 posts

165 months

Sunday 29th December 2019
quotequote all
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.

Ken Figenus

6,011 posts

146 months

Sunday 29th December 2019
quotequote all
Joint tenants or tenants in common?

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all
Ken Figenus said:
Joint tenants or tenants in common?
Unsure on this, it's joint owners with mortgage.

Dougie.

Ken Figenus

6,011 posts

146 months

Sunday 29th December 2019
quotequote all
Tenants in common mean you can't sell without both parties' consent.

driver67

Original Poster:

1,098 posts

194 months

Sunday 29th December 2019
quotequote all
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 ?

This is the conundrum. There must be some solution surely for situations like this ?

Dougie.

Aretnap

1,969 posts

180 months

Sunday 29th December 2019
quotequote all
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?
Not in this context - "tenants" is a slightly misleading term for (joint) owners.

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.


littleredrooster

6,376 posts

225 months

Sunday 29th December 2019
quotequote all
Ken Figenus said:
Joint tenants or tenants in common?
^ ^ This.
Without knowing how it was registered with the Land Registry, and how the mortgage was drawn up there can be no definitive answer to this thread. Kids may pose a different conundrum, too.

joropug

3,061 posts

218 months

Sunday 29th December 2019
quotequote all
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.

The Mad Monk

11,467 posts

146 months