His ex-lover refused to sell joint apartment my husband has been paying for..



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Posted by SWMPS 10 yrs ago
My husband bought an apartment in HK jointly with a (now ex-) lover a few years ago. He paid for the down payment, all installments since and gives her an obscene amount every month. She gambles away all the money, sleeps all day and gambles all night.


He has now agreed to sell the apartment or else risk losing me, which he claims he is unwilling to. He has also stopped seeing her.


But the woman (PRC) refused to sell the apartment which they jointly owned. She doesn't speak English (please don't ask me how it all started... beats me. ) and we don't speak Chinese. The last time we met to negotiate terms, she did a "drama song and dance" threatening to jump off the building, cutting her wrist etc etc for almost 2 hours.


Short of stopping all mortgage payment and letting the bank repossess the apartment, is there any other suggestions please? I understand the bank will blacklist my husband for future loans if we stop paying the loans but that's not a major issue as we have no intention of buying an apartment in the next 5 years. And hubby and I have agreed we will do this if we can't get her to sign and split the profits from the sale.


Can someone please advise how we can handle this? How will the bank handle a repossession? Will they "confiscate" our savings in that bank and/ or other HK banks or monies in other countries?


If she agrees to sell, is there any legal basis for the profit sharing? Has it got to be 50%-50% or can it be 60-40 given that my husband paid for everything for the apartment.


We would be happy to sell her my husband's share subject to a fair deal.


Is there any agency we can engage to "negotiate" with her since we speak different language and I do not have any wish to have a repeat of the drama. Please please... any advice would really be helpful!

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COMMENTS
RS1234 10 yrs ago
In the deed, is your husband one of the two owners?

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SWMPS 10 yrs ago
RS1234: I have now seen the deed, it is joint owner.



So appreciate any advise from anyone who knows anything or have similar "experience" Please!

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190k 10 yrs ago
If property is under mortgage then bank possess the title deed. You can do a search at the land registry to get full details of the ownership split and persons

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SWMPS 10 yrs ago
Getting desperate..anyone out there who knows how to get rid of the apartment if she refuses to sign the sale? Any reliable lawyers out there you have used before ?

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Ed 10 yrs ago
Touch base with shane@hongkonglaw.com

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