Basicallly, I bought a property 50/50 with a family member who lives and works abroad just over a year ago, the plan was to get 2/3 lodgers for the 4 bed property and they would pay the mortgage, I would live there and she would live abroad but keep a room for herself, hence the 2/3 lodgers.
I was young at the time and had an important promotion coming up then there was a huge stir within the family everything got on top of me, long story short I had a break down and did not go into work and lost my job leaving the joint owner to fook the bill of my mortgage and bills for a couple of months.
As you would expect the other owner was not happy however we did get another lodger and he now pays £410 a month and my mortgage is £310 a month.
I managed to make things up with the joint owner and agreed to sign a new deed to say he/she will get 20k for the renovations of the property as he/she claims she spent in excess of 35k to renovate the property however he/she is unable to provide me proof but to keep the peace I signed the Deed.
A little over a week ago an argument started between me and he/she over £3000 which he/she had control over which is inheritance, after a long discussion with someone else I decided to forget about the £3000 and sent an Email to he/she trying to be amicable and make peace.
However He/she was not happy about the situation and has threatened me with a force to sell as agreed by both of us on the Deed.
I am aware that she has right to the property and can show people around to sell if she so wants to however I do not want to sell as I will lose all my money from the sale of the house on rent in little under a year.
- He/she bought him/hers half the property outright so pays nothing towards the mortgage however both our names are on the mortgage.
- The Deed states that in the event of a sale he/she will get her half back plus 20k for the renovations, Ill get the 11000 which I put towards my half of the mortgage then we split any profits.
- We have had 3 separate sporadic valuations the lowest of the those valuations puts the house at a 20k rise.
As it stands, my lodger is paying my mortgage plus half of all the bills bar £30 which he/she has had to pay however I have just got a new job so I am able and willing to start paying this back.
He/she gets 100% of lodger number 2s money which some goes towards half the bills and the rest is profit for herself, we have one more double room left which she owns as we own 2 rooms each one single and one double I rent my double and live in a single she has a lodger in one single and her double is left empty as he/she likes to stay here when she comes back from abroad however he/she could stay somewhere else as she is rarely ever here and earn herself more money if she so wanted to.
The way I see it we could both do well out of this situation, he/she could earn if /heshe rented her room out and I am able to live rent/bills free bar £30 a month while I get myself back on my feet, im aware that the judge would decide whether he thinks either party has a justifiable reason to sell but the way I see he/she does not as we are both in a good position.
I really don't want to sell and this is a perfect secure home for me to start getting back on my feet.
Any advice about this and what the potential outcomes might be in court, fees, etc.
Thanks.
James Carter.