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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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I currently co-own a 2 bedroom flat with my former partner.

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I currently co-own a 2 bedroom flat with my former partner. We currently both live in the property. What would the situation be with respect to security of ownership if I move out but still arrange for my proportion of the mortgage to be paid by letting the room.

Thanks for your question.

If there is no Declaration of Trust or other written agreement executed by your both which stipulates anything relating to your ownership in the event that you move out, then your ownership would be unaffected.

However, you may be in breach of your mortgage conditions if you let your room without your lender’s consent. You need to contact them to check their requirements. You would also remain jointly and severally liable for the mortgage even though you have let your room, nothing changes that I’m afraid.

Additionally as you both jointly own your property then you would also need the consent of your co-owner.

If you ultimately want rid of the property and your co-owner does not consent then 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 their name then this may be your only option. A local solicitor would be able to do this for her and these orders are seldom refused by the Court.

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Kind regards,

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