UK Family Law
Ask an UK Family Law Question, Get an Answer ASAP!
Thanks for your question.
First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-http://www1.landregistry.gov.uk/publications/?pubtype=49
You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.
The liability under mortgages is joint and several which means that the lender can sue either or both of you if there is any debt, regardless of any understanding you had with your partner about what payments would be made by whom. This means that it is crucial that the repayments are made otherwise your credit record would be affected and you would both find it difficult to raise credit in the future.
If you wish to remortgage and transfer the property in to your sole then you need to speak to your lender to see if you can demonstrate sufficient finance in order to receive a mortgage offer in your sole name. Your partner would need to consent to this by signing the Land Registry Transfer Form so to get her to do this you will probably have to pay her for her share of the equity in the property
If you cannot agree informally then you may have to see a local solicitor to get them to write to her to make her aware that you can apply for an order for sale (ie. to you) on the basis that she is no longer paying her share of the mortgage payments, but wish to avoid the stress and expense of doing so by agreeing with her informally
If she does not respond or agree then this may be your only option and you will have to issue an application for an Order at Court.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.
I will answer your follow up questions you may have.
Many thanks Tom for your speedy response.
My mortgage lender has verified that I am in a position to take over the mortgage in my sole name. Given that I have been solely responsible for paying the mortgage for the last year (£1,000) per month, does this effect the amount of equity payable to my ex-partner, will I be responsible for any utilities bills before I take over sole responsiblity for the property?
Hi John ,
You can include attempting to discount the extra amount you have paid in mortgage payments in you negotiations with her, yes. If it went to court it would probably be taken in to account.
Whoever is named on the utility bills and is consuming the services is responsible for paying them. If you are the only person consuming them then you should pay these really.
Thanks for your accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).