Help - property and absent partner!!

[dizzybee]

Hello all,

I really hope that someone out there can advise me. I purchased a property in 1999 with my partner. My parents paid a deposit of £5000 and I took out a mortgage of £45,000 with both our names onthe mortgage, I was hoping this would make him more responsible. Anyway, to cute a long story short - he was hardly ever there, never contributed to anything, i.e bills or mortrgage payments, and after really going through the mill with violence and other abuse from him- I finally had the courage to seperate in 2004.

I have maintained the mortgage payments and all other expenses since. The house is now worthapprox £130,000. We were listed as joint tenants on the land registry initially, but I had this severed and we are now tenants in common. However, I am unable to change the mortgage or sell without his signature, I have no idea where he is and to be honest - would rather not know either - he's a nasty piece of work.

I want to sell the property and start my life again somewhere where I feel safe. Is he entitled to 50% even though he never made a financial contribution ? I think it's so unfair that I would have to pay him out - he has contributed nothing, and proceeded to ruin my life in the process.

It has taken me along time to get bck on my feet to be able to deal with this now. - and any advice would be greatly appreciated. I went to see the CAB but they told me to go to a good solicitor - which I am planning to do this week. I cannot afford to fight a long expensive court case, all I want is my home, that my parents helped me buy, back in my name so I can make a decision about my future.

Thank you in advance for any replies

Dizzy Bee

[brian]

Sorry to hear about your circumstances, and I genuinely hope your situation improves.

I think what you're going to have to do is look in the Yellow Pages (or similar) at solicitors who specialise in residential property, and just call them up.

Most solicitors are good and will answer straight whether you have a situation they may be able to help with, and most solicitors will not try and deliver a service they think will not work (certainly in residential property).

So hopefully that will help and get your sorted - in the meantime, best of luck with everything.

[Richard Webster]

You will have to go to court if you can't get him to sign. No other option as far as I can see.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients.

[macca92]

Hi Dizzy Bee,

After reading a number of legal and conveyancing articles it seems apparent that yes, you may have to go to court with this one. One thing that the courts appear to do though is take consideration of who pays the bills, mortgage, maintenance and if both parties still co-habit etc. I would imagine after sale of the property if what you said is true, you would be the one in the more favorable position in terms of equity, although he may still get something, especially if he can prove that he paid towards something while he lived there. Also, the articles I read mainly talk of one legal owner and the non owner being left high and dry following separation, so I am unclear how his tenant in common status will benefit him?
Anyway, good luck and please let us know what happened with your solicitor/outcome as I have a similar problem but involving a Joint tenancy.

Thanks

Jamie