UK Property Law
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Is there any equity in the property, can you afford to buy her out and do you think you can proved sufficient income to receive a mortgage offer?
The basic position is that if you are both named on the registered title to the property then you both have a right to reside there which one cannot deny the other, unless there is an injunction stating one should not go near the other.
If she is not paying the mortgage and there is a shortfall in the repayments then the lender will take action and attempt to repossess the property.
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 can force the sale of the property by making (or posturing to make) an application to Court. If you cannot demonstrate sufficient finance to receive a mortgage offer to buy her out and transfer the equity in to your 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. You would then split the proceeds between you.
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