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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my ex partner moved out 2 weeks after we had just bought together

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my ex partner moved out 2 weeks after we had just bought together a house together in late November 2009. I need time to get either a second income keep mortgage outright or else another name on the mortgage. she now says that I have until the end of March to sort it out or else she is going to look into getting her name off herself ! Does she have the right to put the house on the 'market' ? She did not contribute to buying the property nor pays towards any of the bills including the mortgage
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hello Customer,

 

Thanks for your question.

 

First of all if if you and your ex-partner presently hold the house jointly (as joint tenants) then each persons share would pass to the other upon death regardless of any direction made in your 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 your interests in the property as tenants in common and upon death your shares would pass according to your wills (or the intestacy rules). Your ex-partner need not sign the form provided you follow the instructions.

 

If you cannot demonstrate sufficient finance to receive a mortgage offer in order to remortgage and do a transfer of equity to you (ie. register the freehold interest in your sole name) then, unfortunately, she will be able to force the sale of the property by applying to the Court for an order for sale. These orders are seldom refused but the division of the proceeds of sale are usually subject to negoatiation.

 

Although there is a presumption (in the absence of any express agreement) that you each hold a 50:50 share. However, if you financed the purchase of the property and maintained the mortgage payments/bills (albeit for a short space of time) then you will certainly receive a larger share of the proceeds of sale.

 

You should shop around to see if it is possible to get an offer from different lenders, if you can also bring a guarantor in then this would make you more attractive to lenders. If you think you manage her and delay her taking legal advice on her position then this may also be a further strategy you could avail yourself of.

 

Sorry it couldn't be better news, but I hope you agree there is little point in my sugar coating your position.

 

 

 

Kind regards

 

 

Tom

Expert:  Thomas replied 4 years ago.

Hello Customer,

 

Thanks for your question.

 

First of all if if you and your ex-partner presently hold the house jointly (as joint tenants) then each persons share would pass to the other upon death regardless of any direction made in your 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 your interests in the property as tenants in common and upon death your shares would pass according to your wills (or the intestacy rules). Your ex-partner need not sign the form provided you follow the instructions.

 

If you cannot demonstrate sufficient finance to receive a mortgage offer in order to remortgage and do a transfer of equity to you (ie. register the freehold interest in your sole name) then, unfortunately, she will be able to force the sale of the property by applying to the Court for an order for sale. These orders are seldom refused but the division of the proceeds of sale are usually subject to negoatiation.

 

Although there is a presumption (in the absence of any express agreement) that you each hold a 50:50 share. However, if you financed the purchase of the property and maintained the mortgage payments/bills (albeit for a short space of time) then you will certainly receive a larger share of the proceeds of sale.

 

You should shop around to see if it is possible to get an offer from different lenders, if you can also bring a guarantor in then this would make you more attractive to lenders. If you think you manage her and delay her taking legal advice on her position then this may also be a further strategy you could avail yourself of.

 

Sorry it couldn't be better news, but I hope you agree there is little point in my sugar coating your position.

 

 

 

Kind regards

 

 

Tom

Customer: replied 4 years ago.

Thank you for replying and I appreciate the information that you have given ! May I ask just one thing.... how long would it take for her to get a 'order of sale' from the Court should all other attempts to gain the mortgage myself fail ???

Expert:  Thomas replied 4 years ago.

No problem, it is difficult to be definative but I would say between 5-10 weeks from making the application. The trick is to see how long you can drag it out before an applicatoin is actually made.

 

Good luck, please click accept.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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