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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner and myself have a shared mortgage, she is seeing

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My ex partner and myself have a shared mortgage, she is seeing someone in a local village and wants me out to move him in. He will not let her move in there because "it will ruin something good".She is getting her pay put into her own bank account meaning she is not paying the mortgage anymore, I can pay it myself but not for her to live the life of riley. What can I do in this situation ?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

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?


TOm

Customer: replied 4 years ago.
We have been paying the mortgage for 3 years and have paid £15336 so far. The house was valued at £80000. I thought we had not been paying long enough for a buy out, which looking at it would be £7500. I could not afford that amount as she has run up debts for me. Thank you Jim.
Expert:  Thomas replied 4 years ago.

Hi Jim,

 

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.

 

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,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6520
Experience: BA (Hons), PgDip, Practising Solicitor
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