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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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me and my partner are living together in a house we bought,

Resolved Question:

me and my partner are living together in a house we bought, but we are not getting on and i wont to either buy her out own the house my self?
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi,

 

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 need to find out if you can demonstrate sufficient income to receive and mortgage offer first. If you cannot then you will not be able to buy her out and you are forced to either stay as you are or otherwise force the sale of the property and keep the capital until you can receive a mortgage offer.

If you can receive mortgage your partner is agreeable to you buying her out then you should attempt to negotiate a price in respect of her equity in the property. You would then have to instruct a solicitor to act on your behalf in a remortgage and transfer of equity.

 

You can force the sale of the property by making (or posturing to make) an application to Court for an order for sale.A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

 

In the absence of any express agreement there is presumption that the proceeds of sale are split equally.

 

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

Customer: replied 6 years ago.

hi thanks,

we are tenants in common, i would be able to afford the house on my own and she wouldnt be able too, but she will not leave and she will not accept any offer to go, i think there is at the most 10,000 pounds equity, but we are also on the shared equity scheme, in which we owe 15% of what the house sells for or what the value of the house is at the time.

Expert:  Thomas replied 6 years ago.

Right, in that case you are looking at making an application for an order at Court. You should seek specific advice on this from a local solicitor, get them to see you for a initial meeting free of charge.

 

A tersely worded letter from a solicitor may do the trick.

 

Tom

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