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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 split up with my partner , he still is living in the house

Resolved Question:

I split up with my partner , he still is living in the house we bought together , he is paying mortgage , he will not sell the house but he will not sell it either . I had a house before and sold mine to buy the one together .. He payed £40 k deposit and I payed £20 k . It is a joint mortgage .help !!!
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you married?

Do you have any children?

Tom
Customer: replied 1 year ago.
no we were not married
I have a daughter from a previous. Relationship
I said I was going to move back in until it sells or he pays 'me off but he says I can't.
I know he doesnot want to sell it .. He is not working and in debt so cannot buy 'me out
Expert:  Thomas replied 1 year ago.
Drafting your answer. 5 mins..
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply/patience

First of all, if youhold the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any direction made in your 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 their interests as tenants in common, meaning that your respective shares will pass according to your wills or under the intestacy rules. Your ex-partner need not sign the form provided you follow the instructions.

If you are jointly named as registered proprietor with him then you each have equal rights of access that neither can deny the other. You have a right to move back in and will keep this right until there is a court order to the contrary.

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


Needless to say, you should make sure that the mortgage payments are met otherwise it will be reflected on your credit rating and may ultimately result in the lender making an application for possession themselves in the event of default.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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