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House ownership

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Toureman | 17:17 Wed 07th Jun 2006 | Home & Garden
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Hi,


I have a friend who was the joint owner of a house with her husband, about 15 years ago they were divorced and she stayed in the house and continued to pay the mortgage which she is still doing.


Since that time she has had no contact with her ex husband and has no idea where he is, she has tried to trace him with no luck.


Now she wants to move and sell the house, is this impossible without her ex husbands permission or is there a way she can sell it?

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All that she has to sell is her half, but that is unlikely to find any buyers. She cannot sell her ex's half without his agreement. The only recourse is to obtain a Court Order permitting the house to be sold and detailing what is to be done with the proceeds. She will need to convince the Court through a solicitor that he truly cannot be found despite absolutely every effort and that, I'm afraid, will take a lot of doing.
When you say she has tried to trace him .. how hard. She could use a private detective perhaps, it is not easy to disappear these days with all the electronic trail we leave. Best to get it sorted and then start again with a house in her sole name ... but he will be entitled to something, but I think he might not get half.
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Thanks Golden and Lady p,


She has tried to trace him through a solicitor but she had to give up after a couple of years of paying a fee and not getting anywhere as she could not afford it.


I will let her know about your ideas,


Thanks again,


Dave.


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