Ask an UK Law Question, Get an Answer ASAP!
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).