I want to sell and can not trace my co-owner

Posted on 7 January 2011 by Peter Dean


I have not been with my ex partner for 7 years, she is still on the mortgage however has not payed any money towards it since we split. I am looking to move house can you please let me know were I stand in this situation. I am unaware of were she lives etc.

Peter,

The fact that you can not trace your ex partner will make things difficult for you when you come to sell the property and you need to take steps now to alleviate this.

Start by speaking to your Solicitor, it may be possible to obtain a Court Order transferring the ownership of the property to your sole name. This would enable you to sign any necessary contracts without your ex partner's signature and allow you to move on. Normally you would also need to get the consent of your mortgage Lender, but as the mortgage will be repaid I do not think this will be necessary. You should check this with both your Solicitor and mortgage Lender.

It is possible that your ex partner may be able to prove she contributed to the upkeep of the house and be able to make a claim on the sale of the property. You need to discuss this with your Solicitor too, it may restrict the amount of equity you are able to put towards the deposit on a new property.

I recommend that you seek independent legal advice on your situation.

Peter

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