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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6644
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner of 7 years has left me and moved out of our house.

Resolved Question:

My partner of 7 years has left me and moved out of our house. She says that she is sarting court action against me to claim half the equity in the house. I paid 100% deposit and mortgage repayments on the house. Can I legally change the locks on the house so she can't collect/read my mail while i'm working? She can have access while i'm there if she needs it.

regards

Rich.
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Thomas replied 2 years ago.
Hi,

Are you jointly named as registered propreitors of the property?

Did you execute a declaration of trust declaring your percentage interests in the property or otherwise?

Tom
Customer: replied 2 years ago.


Sorry,forgot to say we are jointly named on the deeds and mortgage.


 


We don't have anything declaring percentage interests in the property.


 


Rich

Expert:  Thomas replied 2 years ago.
Hi Rich,

Are there any children of the relationship?

Tom
Customer: replied 2 years ago.


She has 13 year old son from a previous relationship,he's never met his father. I've brought him up 'as my own' .I love him to bits. Looks like I'll not see him again as she wants a clean break tho.


 


Rich


 

Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

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.

If you are both jointly named on the title for the property then you cannot deny her access unless there is a court order stating that she is not permitted access pursuant to criminal or civil proceedings.

The bad news (regrettably) is that in the absence of any express agreement there is presumption that the proceeds of sale are split equally. I

f either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale, but (big but) you would have to litigate and fund the litigation privately and would probably not be able to claim costs from here. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands.

She can force the sale of the property by making an application to Court. If you cannot demonstrate sufficient finance to receive a mortgage offer to buy her out and transfer the equity in to your name it’s likely that the Court would make an order for sale.

You’ve got to try and be clever here. You know her. You’ve got to try and manage her in the best way possible to be able to buy her out at the cheapest price.

Sorry I could not have better news for you
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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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