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Tenants In Common law ?



"Alan"
3/29/2006 9:39:51 AM


I seperated from my ex-partner in November 2000 and she has since been
living in the house which we bought together as tenants in common in
1995. She is now living there with her three sons, the youngest two
being 17 years and 20 years, both still as far as I'm aware in
full-time education. Would it be possible for me to 'force a sale' of
the property to release my name from the mortgage and also would I be
entitled to a share of the equity ?
thanks for any advice.
 
 
"Peter Crosland"
3/29/2006 7:15:01 PM


I seperated from my ex-partner in November 2000 and she has since been
living in the house which we bought together as tenants in common in
1995. She is now living there with her three sons, the youngest two
being 17 years and 20 years, both still as far as I'm aware in
full-time education. Would it be possible for me to 'force a sale' of
the property to release my name from the mortgage and also would I be
entitled to a share of the equity ?
thanks for any advice.
Very probably but you need to get detailed advice from a solicitor who has
seen all the paperwork etc.
Peter Crosland
 
 
"Alan"
3/30/2006 9:52:58 AM


I am now on my third solicitor and none of them have been able to give
me any 'detailed advice'. the whole 'tenants in common' law seems to be
very vague. I have now spent over =A31500 at solicitors and got nowhere,
and still do not know if I would have a chance if i tried going to
court to force a sale. my ex partner just keeps saying she may do
something when the children have finished their education or she just
ignores the solicitors letters completely.
 
 
"Peter Crosland"
3/31/2006 4:38:31 PM


I am now on my third solicitor and none of them have been able to give
me any 'detailed advice'. the whole 'tenants in common' law seems to be
very vague. I have now spent over 1500 at solicitors and got nowhere,
and still do not know if I would have a chance if i tried going to
court to force a sale. my ex partner just keeps saying she may do
something when the children have finished their education or she just
ignores the solicitors letters completely.
Why on earth did you pay them if the could not give you advice? Any
solicitor should be able to sort it out. It suggests there must be some
other problem that you have not mentioned. Many solicitors give an initial
half-hour interview free. Look in the yellow pages and phone around. You
should be able to force the sale and get the mortgage paid off and take your
share.
Peter Crosland
 
 
"The Todal"
3/31/2006 4:56:27 PM




"Alan" <alan.riley@blueyonder.co.uk> wrote in message
news:1143653991.801048.140240@i39g2000cwa.googlegroups.com...

I seperated from my ex-partner in November 2000 and she has since been
living in the house which we bought together as tenants in common in
1995. She is now living there with her three sons, the youngest two
being 17 years and 20 years, both still as far as I'm aware in
full-time education. Would it be possible for me to 'force a sale' of
the property to release my name from the mortgage and also would I be
entitled to a share of the equity ?
thanks for any advice.
You should be entitled to a share of the equity based on what each of you
contributed to the purchase price. What you need is a competent solicitor
who understands this area of law. Given that you have already spent good
money without getting a clear answer, can you quote what advice your last
solicitor gave to you and why he thought there was a problem?
 
 
"Alan"
4/1/2006 4:41:22 PM


all that as happened with previous solicitors is letters have been sent
and she wouldn't agree to have my name taken off the mortgage until the
children had left full time education. i have been told by my
solicitors that there is no way that i would be able to force her to
sell the house while there are children in education still living there.
 
 
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