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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a property with my partner and we have now split up.

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I own a property with my partner and we have now split up. I want to sell it on the open market but she refuses and wants to buy it off me for a lower than market price. Can I use the power of sale part of the law to make her put it on the market? What does that entail?

Thanks for your question.

First of all, if you hold the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any directon made in the Will. If this is not what you want then she 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):-

You will then hold your interests as tenants in common, meaning that your respective shares will pass according to your wills or under the intestacy rules.

If the partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out at market value and transfer the equity in to their sole name then this will be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

The sale would be ordered at market value, but on the basis of the disparity there appears to be significant doubt about what the correct market value is so you need to gather a wider consensus from other agents/surveyors and then attempt to renegotiate with your partner. If they are being unreasonable then you will have to apply for an order for sale

If this does not illicit results then you should send a index map search to the Land Registry by using Form SIM (enclosing a map of the area), they will then tell you definitively if it is registered. You can also download that form from the LR website.

In the case of both applications you would have to submit form ADV1 to the Land Registry together with sworn statutory declarations regarding how long you have been using the land (from you and others who know of your use) and it may be something over which you should consider taking specific legal advice from a local solicitor to ensure that the application and supporting documentation is drafted correctly.

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Kind regards,


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