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Thanks for your question.
If you are both named on the registered legal title to the property as the registered proprietors then ultimately your ex-partner could apply for the Court for a order for sale of the property. These orders are seldom refused unless there are children living at the property who continue to require the house for accommodation.
In the absence of any express agreement there is presumption that the proceeds of sale are split equally. This if either party contributed more the financing of the purchase or has maintained the majority of the mortgage repayments as you have then you may be able to rebut the presumption and they will receive more of the proceeds of sale. This is costly, time-consuming and stressful however. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands.
Try to save yourself some legal fees by seeing if you can come informally to an agreement for a split in the equity that you can stomach.
It does take some time to force the sale of the property and you will receive probably a negotiated settlement which you can use to either receive a small mortgage offer for a small place or rent somewhere until you can receive the mortgage offer you require.
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 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
Thanks for your speedy reply.
Is there anyway then that i can get a letter drawn up stating that she has no entitlement to any profits or debts if her name remains on the deeds, As shes asking for £5k to walk away from it all and leaving me the house, i do think this is too much as ive had to get two loans out when she left as she left me in a mess financially so i took the loans to help out and these totalled £11k which im paying back £250 combined every month and also all the bills and mortgage which is £1062 a month on its own so for me to find £5k would then have to be another loan so thats probably going to cost me with interest around £6.5k.
if she sticks to her word that she will hand all her rights over for £5k can she get another mortgage if her names still on these deeds even tho she has wavered all her rights and is not eligable to any debts ?
theres not really any profit in the house as we remortgaged to buy a flat in both our names this is rented out and costs me around £100 a month but with the way the market is now its lost its value and the estate agents have said its gone down by around £30k which means its in negative equity of around £14k so she will b walking away from this debt and leaving it all to me, ive been in touch with the mortgage people on this property and they are able to remove her and put just my name on the deeds as this is rented out the mortgage is near enough covered but im taking it on on my own knowing its in debt of around £14k.
when she lived here i paid nearly all the bills she helped out with food bills i can prove this as my bank statements showed that it all came out of my account and i stumped up the £13k deposit on this house.
i really dont want to sell but feel like i may be forced to just to get her name of the deeds.
sorry for all the questions and thanks again for your time.
You can get a declaration of trust drawn up to state that you have paid her £5k (when you do) and she is not to receive any of the proceeds of sale. A solicitor would draw this up for you and you would both execute it as a deed. She would have to take legal advice before signing to ensure that it is enforceable. When she does take that advice she will be told that she will still be liable for the mortgage repayments under the mortgage. Whether she actually pays them is irrelevant.
She will have to disclose that she is already named on a mortgage(s) when she applies for a new mortgage to purchase on her own. If she can demonstrate sufficient income to satisfy the mortgage company then she will receive an offer, but the mortgage company will be on a reluctant footing even where she says that you will be paying the repayments on your own because she is named.
If she cannot receive a mortgage offer she may look to enforce the sale of your property so that she can come off the mortgage offer unfortunately.
The key is your ability to remortgage and get a mortgage offer in your own name. Once you can you can transfer the equity in to your own name. See if you can negotiate her to give you some time to try and sort your finances out to enable this.
Many thanks for your advice
Would you be able to draw up a draft copy so i can forward this to her for her to look into, hopefully she will see sense and take a slightly lower (golden handshake) and then it can kinda all be over.
Its not a problem if you are unable to draft a copy to me, (i am aware this will be billed seperatly and am not hoping for it to be done under this fee)
Anyways once again many thanks for your time and advice
JustAnswer prohibits the transfer of documents between experts and customers I'm afraid.
You should get a local solicitor to draft it once you have agreed terms with your ex. and she should take legal advice on it - you may have issues of enforceability with it later if she does not take independent advice.
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