Hey well my sister bought a house with her man and now they have split. The house was bought from a first time buyers scheme through a houseing association. The problem is they can't sell the house for 2yrs because of the contract they are in but after seeking advice from a lawyer we were told there is the possibility of a division of sale order being passed by the court but would this cause any kind of repercutions monetry or otherwise for breaking the contract?Legal advice houseing?
The way it works is like this.
When someone enters into one of these contracts, they have to meet the criteria that the HA sets when they first apply. They also have to have a genuine intention of meeting their contractual obligations throughout the necessary time frame - 2 yrs in this instance.
The law recognises that things do not get frozen in time and that circumstances change. The man may, for example, have joined the armed forces and been killed overseas: or he may have been hit by a bus and now be in a coma. And this is where the court comes into play.
A court order trumps a contractual term, provided that it was not entered into fraudulently. There does not seem to have been any deception (at least of the HA) when things were set up - your sister was still a first time buyer, after all - so there ought to be little or no serious repercussion.
I do doubt that the HA will be best pleased, however.Legal advice houseing?
I think you mean 'division or sale' order. This would simply mean that the court releases them from thir obligation under the lease if the house cannot be easily divided into two units. Impossible to know if there would be a penalty without knowing more facts but, for sure, they will not receive any money from the sale. And for sure they will have a legal bill to pay.
By far the most sensible thing to do would be for one of them to continue living at the property until at least the end of the two year contract. To help cover the payments, that person could get in a sharer.
they can sell it but they will claim a % of the profit. it would however make more sense for her to buy him out, when all the calculations are done and with the slump in the housing market it should not cost her a lot.the banks have really tightened up on lending and she try and hold on to what she has.
Her best option is to remain in the house and get a roommate to cover the costs. Going to court to be released from the 2 years will cost $5,000 and take 9 months..
Splitting it would not be the problem selling it would be !Why not set up a management company for the house and be equal shareholders then split the rental income ?
whyd they split?
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