Family troubles over a mortgage?

A reader has a joint mortgage with her sister, but has moved out and now wants to sell her share.

Tony Davis, myfinances.co.uk mortgage expert from Mortgage Meadow, takes her through the problem.

Emeline from London asks:

I got a joint mortgage with my sister so we could buy a house four years ago.

Our names are both on the deeds and had a 50/50 share agreement. Three years ago I left (I got married) and a roommate was found to help with the mortgage (they paid most of my share).

The roommate left three months ago and my sister wants me to pay half the mortgage (plus the money the roommate paid in), but live in the house on her own.

Can she do this? I want to sell the house but she does not. How can I force her to sell?

I have suggested she buy my share, but she will not. Can I force her to buy my share? Or can I sell my share to someone else? Please help!

Tony replies:

This is a difficult position to be in and especially with a family member.

You do not have an automatic right to force the sale of the property and you would have to go to court and obtain a judgement to do so; there is no guarantee that you would win in court as this is your sister's home and forcing her out would therefore be making her homeless.

If you refuse to pay and she does not maintain the mortgage payments then the ultimate result could be that the lender takes action against you both to take possession of the property, at which point you will have damaged your credit history as well as your relationship with your sister.

I would recommend that you seek the advice of a solicitor who can talk you through your options in detail.

If you have a question for Tony, go to the myfinances.co.uk Ask the Mortgage Expert section.

Or for more information or mortgage advice go to Mortgage Meadow.

Mortgage Meadow is an independent mortgage broker and is authorised and regulated by the Financial Services Authority.