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My partner has decided that she is bored with me, I have had

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My partner has decided that she is bored with me, I have had several heart attacks and strokes and I am no fun etc
We own a property 50-50 remortgaged last year
I have lived here paying into the mortgage and house keeping fund prior to this for four years and she has lived here mortgaged for 13 years
I understand that she has 13 years claim and i have just 4 years claim but the mortgage deal says 50-50 and I believe her to be wrong in her belief that she owns a bigger stake
I want to move out, can I force a sale, can I sell my half, what should i do
I would accept a much lesser share just to get out of this mess and have asked for 25k with out success
What can you advise me to do
Many thanks in advance

XXXXX XXXXXston
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi Andrew,

 

Thanks for your question. It's obviously a difficlt situation and you have my sympathies.

 

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.

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 her sole 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, usually unless there are chlidren involved.

In the absence of any express agreement there is presumption that the proceeds of sale are split equally, as would seem to be the case here. It is possible for this presumption to be rebutted if one party has contributed significantly more to the purchase/remortgage or morgage repayments but it is complicated, pretty expensive and time-consuming with no certain guarantee of success at Court. My advice would boto stick to your guns on a 50:50 split and see what her resolve to get more than her share is like.


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
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Experience: BA (Hons), PgDip, Practising Solicitor
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