Transfer of Ownership

[vsf1]

Hi

I wonder if anyone out there can throw some light onto my legal rights for a current situation I am in. if i start from the beginning!!

My self and my ex partner brought a property together on shared ownership 50/50 so 50% of this is our joint mortgage, we had 2 children. The 5 years ago we seperated and I havent seen him since nor have the children, he hasnt contributed any money towards the house and mortgage or maintence and I have no idea where is even (last time i new it was abroad) or even if he is still alive.

I know have come to a point in my life whereby i need to sort out the situation with the property as I am unable to sale or rent property therefore i am struggling to move on with my life. so I understand that I can put a property transfer order in but what rights do I have with the fact that he is missing and cant sign any documentation.

I will be instructing a solicitor but as a law student myself studying contract law I dont really want to go in blind.

I hope somene can help me or help me find the informationI need.

Thanks V

[Caspar]

Re: Transfer of Ownership

My best guess at this is that you would need to buy your partner out and put the mortgage into your name only.

Whether or not you can do anything about the fact that you've been paying it by yourself for so long I honestly don't know, sorry!

[vsf1]

Re: Transfer of Ownership

Problem is he is missing so I cant buy him out!!!

I know that I can get is name taken of the deeds by order of the court but not sure where to look to find this information!!

I also know that after 7 years I can go to the high court and presume him dead but im not really sure that I want to do that as I am no longer with him. I just want his name off the mortgage and the house im not worried about the payments.

Its so hard as i cant sell the house, rent it out, re-mortgage, take equity out, get the housing association to buy it! the only thing is repossession and that I dont want to do!!
im banging my head against a brick wall :tinysmile_cry_t:

Thank you though

[Amethyst]

Re: Transfer of Ownership

This forum is a very good one for questions on transfer of property following a break up - Property and Mortgages - Divorce Advice | Solicitor Divorce only £179 (ignore the bit about £179 lol- wikivorce - click community, then forums, then theres a section for properrty and mortgages) there are a few examples of similar situations on there which may assist you.

[The Debt Star]

Re: Transfer of Ownership

Hi. Try not to worry too much. There are solutions.

You can bring a claim under TLATA (Trusts for Land and Appointment of Trustees Act 1996), whereby you can apply for a declaration as to your interest in the property and obtain an order for sale from the court. This will then enable you to dispose of the property and receive your interest in it. Your ex-partner's share will be paid into court.

Clearly your ex-partner has failed to fulfil his responsibilities to the children and to the maintenance and upkeep of the property these past 5 years. Both of these issues might give rise to a separate application under TLATA for an increase in your beneficial interest in the property (ie an increase in your 50% share). This would be based on quantifying and justifying that increase. Just a possibility.

Another possibility is an application under the Children Act on behalf of the children for your ex-partner's capital to be used for their maintenance during the childrens' minority (assuming them to be under 18).

You may need to get public funding (legal aid) and it may be possible to do so for both the TLATA and Children Act claims.

[vsf1]

Re: Transfer of Ownership

Thank you very much for your help and advice ill have a look into these statutes.

I know there is also a law about people being mising for a certain amount of time but i think they have to find him first and I am also aware that after 7 years i can claim him deceased but I find that a little too drastic.

I have finally instructed a solictor after all these years! The childrens act is very interesting as they are 12 and 5!

many thanks
vsf