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I have split with my ex partner.. She still lives in a property

Resolved Question:

I have split with my ex partner.. She still lives in a property that we have a joint mortgage on. I have asked he to either sell the property or re mortgage to get my name removed but she is constantly ignoring my requests.. Is there any legal route I can go down to make her sort this situation out?

Thanks
Jimmy
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi Jimmy,

 

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 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.

 

You can resolve the situation by making (or posturing to make) an application to Court to force the sale of the property. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his 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 first instance you should write formally to her setting out what you propose and making her aware of your option to force the sale of the property. State that you wish to avoid the expense and administrative hassle of doing so, but are prepared to if an amicable agreement cannot be reached. If she does not respond then get a solicitor to write a formal letter to see if this will prompt her to engage with you. If she still does not then you will have no option but to make an application at 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 efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6313
Experience: BA (Hons), PgDip, Practising Solicitor
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