ChatterBank1 min ago
Mortgage transfer
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My ex split 1 year ago. I stayed in the mortgaged property and paid mortgage and bills. she wants to force me to agree to a transfer of equity even though I do not fit the lending criteria to re-mortgage in my sole name. Can she force me to agree? The current climate is making it impossible without making a huge capital reduction and It's in negative equity anyway. She also said she has no interest in the property, doesn't care if she gets bad adverse credit. Can she force me to sell by court order? The property is regested as tennency in common in my favor. Help Please!
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Tenancy in common in your favour? I don't understand that bit.
Regardless, as joint legal owner she can apply to the court for an Order of Division and Sale. The courts only rarely refuse, and that is when there is a very good reason why the house should not be sold, for example it has had extensive adaptations to accommodate the disable resident.
Having said that, if it is in negative equity there is no equity to transfer and she will be equally responsible for any debt.
Regardless, as joint legal owner she can apply to the court for an Order of Division and Sale. The courts only rarely refuse, and that is when there is a very good reason why the house should not be sold, for example it has had extensive adaptations to accommodate the disable resident.
Having said that, if it is in negative equity there is no equity to transfer and she will be equally responsible for any debt.
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