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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111505
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Hello, I purchased a property in England with a partner in

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Hello,
I purchased a property in England with a partner in 2008 in which we resided. We have since separated and I now live in Australia, my partner lives in England but not in our property, it is being rented out hich nearly covers the mortgage. My partner has indicated that she will 'buy me out' for a fair fee however has delayed now for nearly 12 months. I have not been involved in the upkeep or administration of the property, this was part of the agreement when we agreed a price.
Should I be worried that by disengaging I may legally lose my part ownership of the property despite my name being on the titles?
Regards [email protected]
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

By disengaging as you put it, you do not lose ownership in a piece of property. Once you have purchased a property and your name is XXXXX XXXXX the deed as a joint tenant, the property is your property and the other party cannot change your ownership. You need to keep up your knowledge of what is going on with the property, but in order for you to lose your ownership rights you have to be removed from the deed and in order for her to sell the property with your name on the deed you have to actually sign agreeing to the sale and transfer of the deed.

Thus, if you have not signed anything she could not legally sell the property or transfer it out of your name. It could be that she simply does not have the money to buy you out in this poor economy, but you need to check that out further.



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Customer: replied 3 years ago.
Thank you Paul, I have heard rumours that in the UK there is a law that would put me at risk especially not even living in the country anymore and hence why I have sought advice. Would you know of anything that may have been misinterpreted that may account for this or do you think I have just been scare mongered?
It's probably just the same question twice but thanks for your reply.
Thank you for your response.

You would not lose the ownership rights just by leaving the country for 12 months and not being actively involved in the property. She would have to prove in a court you abandoned the property and could not be found to get the court to allow the property to be sold if she is seeking to sell the property. Of course there is nothing that stops an unscrupulous person from lying and saying she cannot find you and has made diligent effort and needs to sell the property and get a court to order sale without your signature, but then she would be guilty of fraud and you could also sue her for damages (and this is something that happens very rarely).

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