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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Afternoon, My partner and I spilt up a year ago. We bought

Customer Question

Afternoon,

My partner and I spilt up a year ago. We bought a house together, but have lived separately since we split. We jointly own the property, but for the last year I have paid the mortgage, she does not contribute mortage payment however she pays the household bills because she still lives in the property. I would like to buy her out of the property but I am unsure how this works. We are not married and their are no children involved.

I would really appreciate your thoughts before I progress the arrangement.

Regards

John
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi John,

 

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.


Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

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?

Expert:  Thomas replied 3 years ago.
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