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Thomas
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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I bought a house with my boyfriend in September 2010. We paid

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I bought a house with my boyfriend in September 2010. We paid £485000 for our house. He put in £185k and I put in £65k. We got a mortgage with a 5 year fixed rate period for the rest. We have now broken up. I live AND work from the house as a Make up Artist. He wants to sell the house straight away and I do not. I would like to stay here for the 5 year fixed rate term. Where do I stand? Can he make me sell?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

If you can’t agree to buy out his share of the equity by remortgaging and transferring the equity in to your sole name then he will either have to put up with the situation as it is now or apply to County Court for an Order for Sale.

Courts are not keen on persons remaining on the legal titles to properties where they do not wish to and where there are no children of the relationship residing at the property as their primary home. You would be free to defend the action but his chances of success are greater than yours in defending.

You may choose to avoid this by attempting to negotiate some alternative compromise in which you agree that you may stay in the property for a certain length of time in order to build up capital to buy him out and remortgage, but with the caveat that if you are not able to do this before the expiry of the agreed time then you shall consent to marketing the property for sale.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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