Q & A

Readers' questions answered.

Wife left:c an I sell apartment?

QA few years ago I purchased an apartment as an investment jointly with my wife. The substantial deposit was financed from my personal resources and the balance of the purchase price by a mortgage in both our names. Mortgage repayments have been met from the rent and on occasions when there was a shortfall from my personal resources. My wife and I split up in acrimonious circumstances about two years ago. She is not Irish and she left the country shortly after the split-up. I have had no contact with her since and I do not know where she is living now. We were not divorced or legally separated. What is my position regarding selling the apartment? Can it be sold without her consent? If I am unable to locate her, as seems likely, am I stuck with the apartment forever? Is there any mechanism whereby I can sell the apartment with some undertaking or guarantee being put in place which would be acceptable to a purchaser?

AThis is really one for your own solicitor and you should seek your own legal advice - obviously the situation with this property is just one element in the bigger picture of sorting out the legalities surrounding your separation/divorce. However, we asked Dublin solicitor Pat Igoe to look at your question and give us a general overview. In his opinion, if two people own a property, both must sign selling conveyancing documents.

There are two exceptions. Firstly, if one dies, the deceased's personal representatives step in. Secondly, if one has disappeared from the scene for whatever reason, affidavits detailing the circumstances and a court order vesting sole title in the remaining person will be required. Assume that the court order will be examined very closely by the purchaser's solicitor to ensure that the court was fully informed of all circumstances. Igoe points out that at least it is not the family home.

Lender won't give us full mortgage

QMyself and my husband bought a property from plans last March for €405,000. Now our valuers value the property at only €350,000 and will only give us a mortgage based on the new valuation. Do you have any advice or know who we should contact?

AYour first point of contact is your solicitor for direction as this is a legal matter. He or she will go through the contract and see are there any "out" clauses, eg that the apartment has to be finished before a certain date or that the sale can only proceed if you get mortgage approval. However the chances are extremely remote that you will be able to get out of it on the basis of a clause in the contract.

You signed a legally binding contract so if you don't go through with the sale, two things can happen: you will lose your deposit, and the builder can sell the apartment for a much lower figure and come after you for the difference between it and the contractually agreed €405,000. To go through with the sale, you clearly need a major reduction in the price and your solicitor might be willing to negotiate for you. You can also talk to the builder directly - you won't be telling them anything they don't know already and should be open to negotiation. For them a sale, even one at a seriously reduced price, is most likely to be the better option than chasing you through the courts for cash you don't have.

Your questions

Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie

Unfortunately it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.