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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been seperated from my partner for 18 months who i own

Resolved Question:

I have been seperated from my partner for 18 months who i own a house with, she is still living in the property, and my name is XXXXX XXXXX the mortgage. Is there anyway i can sign the house over to her and get my name off the mortgage? tim.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Tim,

 

Does your partner wish to take over the mortgage/title?

 

Can she receive a mortgage offer her sole name?

 

Is there any equity in the property?

 

Tom

Customer: replied 3 years ago.
I believe she is trying to get a mortgage in her name but it seems to be taking an age to materialise! the house isnt in negative equity but i dont think there is much equity. I just need to know if there is a quick way to resolve this issue so I can move into a place of my own as i have been living at my parerents for the last 18months
Expert:  Thomas replied 3 years ago.

Hi,

 

Ok. Are there any children of the relationship?

Tom

Customer: replied 3 years ago.

no there are children involved.

 

tim

 

 

Expert:  Thomas replied 3 years ago.

Tim,

 

 

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.

She has to receive a mortgage offer in her sole name in order to transfer the property from your joint names in to her own. If there is equity in the property then you can attempt to negotiate a settlement to reflect your share of this.

 

Ultimately, 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 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.

If she is not making effort to get a mortgage offer then you should see a local solicitor about writing to her stating that she should be doing so if she wishes to take it over and to continue living there, as well as making her aware that you will apply to Court for an order for sale if she does not.

 

Hopefully this will prompt her compliance, if it does not then you will be forced to apply to Court for an order for sale.

 

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: 6510
Experience: BA (Hons), PgDip, Practising Solicitor
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