Anyone got any legal knowledge?

[alexisemma31]

If a couple have a joint mortgage on a house, can one force a sale?

If not, what happens if they separate, what are the options?

 

[ColJack]

no legal knowledge whatsoever, but I do a mean google..

..you can apply to the court under the Trusts of Land and Appointment of Trustees Act 1996 (tolata) for an order for sale.

this obviously involves lawyers etc so will be expensive..
your other options are to buy him out, have him buy you out or come to an agreement to sell amicably..

 

[alexisemma31]

thanks

 

[catxx]

Hi there, so sorry you are going through a difficult time. You can not force a sale through but it could be done through court. You would need to go and speak to a solicitor. A judge could rule that the property should be sold. Especially if there are arrears on the mortgage.

The mortgage company will only allow you to take on the mortgage if your income is enough to cover it. It used to be 3.5 x salary when I was in the mortgage business but I know that there have been lots of changes in the last 2 years.

The best way would be for both parties to agree to a sale. If you have arrears this would be damaging to your credit rating and the bank can start repossession proceedings which is not a good road to go down.

I really hope you can sort things, CAB can help but I would go and see a solicitor.

Good luck xx