UK Family Law
UK Family Law Questions Answered by Verified Experts
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.
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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.
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