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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 partner and I split twelve months ago after 20 years together.

Resolved Question:

My partner and I split twelve months ago after 20 years together. she still lives in the house wiyh our 21yr old son what rights do I have regarding selling and the split off all monie?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hello Hamiton,

 

Thanks for your question, sorry it's a difficult situation for you.

 

Are you on the legal title to the property?

 

Do you hold the your interests as tenants in common or joint tenants?

 

Kind regards,

 

Tom

Customer: replied 6 years ago.
Yes I am on legal title it`s joint morgaged
Expert:  Thomas replied 6 years ago.

Hi,

 

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 direction 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 do not know how you hold your interest in the property tell me and I will tell you how you can find out.

 

You can then seek your partner's agreement to the sale of the property and the split of the equity. If you can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to their name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this will be taken in to account and they will receive more of the proceeds of sale. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands.

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

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