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Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner and I are joint owners of a small flat which I

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My partner and I are joint owners of a small flat which I paid for out of an inheritance and cashing in my pension. Until 18 months ago I lived in a house with our two children now aged 14 and 16 and my partner spent most of his time with us although he didnt financially contribute to anything. His failure to find work and behave responsibly and our growing financial difficulties resulted in my severe depression and desire for separatioin but I could only get him to move out by selling the property, which was too expensive to maintain by this stage. He immediately moved into the flat, having given the tenant notice, and has remained there since. He has borrowed money off me, has refused to support the children in any way and is living off benefits. I want to sell the property to finance a new home, but what are my rights. I know he will never want to leave, he has no financial obligations and will be incapable of paying the service charge. What should I do.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi

 

Thanks for your question.

First of all, if you and you partner presently hold the flat 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 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 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.

The priority is obviously ensuring your children have a new home, but it sounds as if you are taking responsibility for this.

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: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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