help please I dont know where to go for advice

[efpom]

You and your partner bought a house Purchase Price £52,000 in 2005 as ‘joint tenants’. I assume you never married.

You became ‘tenants on common’ when the final charging order issued, 17^th September 2015.

Therefore, it becomes necessary to establish what your partner’s ‘share’ of the property is.
Reason, his charging order creditor can only target his ‘share’ to obtain payment of his debt. The creditor can not target your share.

The 1^st Question is, therefore, what was his equity share on the day he died?
The 2^nd Question is whether, before death, he made a will gifting that share to someone?
The 3^rd Question, is whether some documentary proof exists, whereby he transferred his equity in the property to you?

To establish the 1^st Question, you will need to do some intensive accounting.

From your postings:
You paid £26,000 from your own pocket and a mortgage was, I assume, obtained by you and your partner, for the other £26,000.

To get at that you will need to answer the following:
“What was your partner’s payment contributions in respect of that £26,000 mortgage?”
“What was your partner’s payment contributions in respect of the remortgage of £50,000?”

Quote -I then had to remortgage again as he was gamberling 30k.

“What was your partner’s payment contributions in respect of that remortgage?”

Quote - he refused to pay anything from 2009

[des8]

Don't know the answer to that, but I would think that where the joint owners are both still surviving if the charge was paid off in practice the joint tenancy would be revived as there is no change to the register.
In this case where the joint tenancy has been severed it cannot be revived as one party has passed on.

I suggested professional advice as I think a court will want to look into the background in some detail to see what each of the parties put into the property to decide in what proportions the tenants in common held the property.

Passing thought..what are the chances the CCJ was paid but the charging order inadvertently not removed?

[efpom]

This is my proposed plan. I cannot see any illegality in that plan – but I am not a Land Law expert.

1 – Pay the creditor, on condition he removes the charge. Cost £5,000 + interest, if interest was awarded on the debt – the entitlement to interest, if any, is established by seeing what was written on the CCJ.

2 – When the charge has “disappeared” from the Land Registry, apply to be registered as sole owner – death certificate and the relevant Land Registry form.

3- Sell the property, which will include paying off the mortgage(s) on the property.

4- There will then, hopefully, be a sum £A, which is the net proceeds of sale.

5- – Work out the deceased’s ‘equitable share’, by determining what he actually paid into the property by way of mortgage repayments and any capital investment, as a percentage of the total amount paid into the property.

6- Apply that percentage to the proceeds of sale.

7 - Deduct the cost of repaying the debt which led to the charging order.

8 – Pay the resultant sum into the deceased’s estate.

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If, under 4, there are no net proceeds of sale, and there remains a sum due to the mortgage lender, the “non deceased” and the estate of the deceased are liable to pay the shortfall i.e. negative equity, as per their obligations under the mortgage agreement.