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advice needed please

  • worriedmother16
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01 Aug 09 #135544 by worriedmother16
Topic started by worriedmother16
my daughter and partner were engaged and bought a house together each put the same amount of money in and both names are on the deeds and mortgage documents. The house was purchased and tenants in common.
Both pay equally to the mortgage payment and all the bills.
They have now split up and for her sanity she has has to move out. He is living in the house and expecting her to pay the mortgage still although he is having to pay the bills.
I cannot see this as being fair as she will have to go and rent somewhere to live and also have to pay the mortgage?? The house will be going on the market she wanted to rent it and they both move out but apparently he cannot afford to do that he wants his money out. The trouble is I can see he is going to be in no hurry to sell. He is sitting pretty living in a property that is renting for £750 a month and all he is shelling out is £329 mortgage. Anyone have any ideas to her rights??? Any help would be gratefully received

  • LittleMrMike
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01 Aug 09 #135563 by LittleMrMike
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To answer this question one would need to see the deeds. I assume you are not married and therefore you cannot use divorce procedures.

The answer is likely to be that your daughter applies for an order for sale under sections 14/15 of the Trusrts of Land and Appointment of trustees Act 1996 ( TOLATA ).

You will need legal advicxe from a solicitor who specialises in property matters.

Mike

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01 Aug 09 #135571 by worriedmother16
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Hi Mike
my daughter isn't married both their names are on the deeds in a 50.50 share both putting the same amount in. The property will be marketed for sale its the mortgage side of it I am questioning.
Is it faie that she continues paying half the morgage when she cannot live with him. ?

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