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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7567
Experience:  BA (Hons), PgDip, Practising Solicitor
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MY PARTNER OF 39YEARS WANTS TO SELL OUR HOUSE THe MORGAGE IS

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MY PARTNER OF 39YEARS WANTS TO SELL OUR HOUSE THe MORGAGE IS IN BOTH NAMES
I AM 72 HE IS 60 AND STILL WORKING DO I HAVE TO AGREE TO SELL AT THIS MOMENT
Hi,

Can you afford to buy him out?

Tom
Customer: replied 4 years ago.


no

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.

I’m afraid that it will likely be possible that he can force the sale of the property by making an application to Court for an order for sale. A local solicitor would be able to do this for him and these orders are seldom refused by the Court, one of the most common reasons for refusing such an application is where there are minor children of the relationship living at the property and I assume (forgive me) that these circumstances do not apply to you.

He would have to make an application to Court, so if he is not minded or motivated to do so then he cannot arrange a sale because both of you are required to sign the contract for sale and the land registry transfer though.

I am sorry it could not be better news
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Kind regards,


Tom


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