Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Hello, I purchased a property in England with a partner in

Hello, I purchased a property in...
Hello,
I purchased a property in England with a partner in 2008 in which we resided. We have since separated and I now live in Australia, my partner lives in England but not in our property, it is being rented out hich nearly covers the mortgage. My partner has indicated that she will 'buy me out' for a fair fee however has delayed now for nearly 12 months. I have not been involved in the upkeep or administration of the property, this was part of the agreement when we agreed a price.
Should I be worried that by disengaging I may legally lose my part ownership of the property despite my name being on the titles?
Regards [email protected]
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
6/19/2013
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,057
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

By disengaging as you put it, you do not lose ownership in a piece of property. Once you have purchased a property and your name is XXXXX XXXXX the deed as a joint tenant, the property is your property and the other party cannot change your ownership. You need to keep up your knowledge of what is going on with the property, but in order for you to lose your ownership rights you have to be removed from the deed and in order for her to sell the property with your name on the deed you have to actually sign agreeing to the sale and transfer of the deed.

Thus, if you have not signed anything she could not legally sell the property or transfer it out of your name. It could be that she simply does not have the money to buy you out in this poor economy, but you need to check that out further.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,057
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago
Thank you Paul, I have heard rumours that in the UK there is a law that would put me at risk especially not even living in the country anymore and hence why I have sought advice. Would you know of anything that may have been misinterpreted that may account for this or do you think I have just been scare mongered?
It's probably just the same question twice but thanks for your reply.
Thank you for your response.

You would not lose the ownership rights just by leaving the country for 12 months and not being actively involved in the property. She would have to prove in a court you abandoned the property and could not be found to get the court to allow the property to be sold if she is seeking to sell the property. Of course there is nothing that stops an unscrupulous person from lying and saying she cannot find you and has made diligent effort and needs to sell the property and get a court to order sale without your signature, but then she would be guilty of fraud and you could also sue her for damages (and this is something that happens very rarely).
Ask Your Own Real Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,057
121,057 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a copy of someones mortgage, and was looking to see
i have a copy of someones mortgage, and was looking to see what we could leverage in the agreement to do seller financing or have myself assume the mortgage. … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
210 satisfied customers
I recently purchased a 1st. position mortgage in, New
I recently purchased a 1st. position mortgage in Elizabeth, New Jersey. The mortgagee is delinquent and will not pay, I want to start foreclosure proceedings but I found out that the mortgagee had pre… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
According to RESPA.... can a realtor send a mortgage loan
According to RESPA.... can a realtor send a mortgage loan officer a printed marketing checklist to help them with their marketing efforts as a promotional tool for the realtor? … read more
Alex J. Esq.
Alex J. Esq.
Managing Attorney
Doctoral Degree
2 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
210 satisfied customers
Landlord is claiming cracked/split as damage from movers.
Landlord is claiming cracked/split wood as damage from movers. However, he did not do a move-in inspection so there was nothing to compare the move-out inspection. He scheduled the move out inspection… read more
Loren Stone
Loren Stone
481 satisfied customers
I have a three acre parcel, with an outstanding mortgage of
I have a three acre parcel, with an outstanding mortgage of about $25K. I want to pay off the mortgage and sell the property for cash to my son, who may develop it in the future. What legal services, … read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
Is it legal for a mortgage lender to require the borrower to
is it legal for a mortgage lender to require the borrower to cancel credit cards as a term of qualification? This in effect forces them to hurt their credit worthiness for the future by unseasoning cr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
145 satisfied customers
Can the HOA be sued for damages resulting in a rat
Can the HOA be sued for damages resulting in a rat infestation in a single unit that spread to adjoining units? … read more
Lori
Lori
Juris Doctor
275 satisfied customers
I have a mortgage with a lender that I am not comfortable
Good morning. My name is***** have a mortgage with a lender that I am not comfortable with. Since 2015 I have been trying to move my mortgage over to an escrow account knowing that I was going to reti… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
145 satisfied customers
Several neighbors and I received damage on our property from
Several neighbors and I received damage on our property from a city water main break. My direct neighbor received immediate compensation, another house was purchased by the city but I have received no… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My mortgage company is charging me an unknown fee that is
Second opinion] My mortgage company is charging me an unknown fee that is unusual. My loan was transferred about a year ago. My previous mortgage company never use to charge me this type of fee. Is th… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
210 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Second Mortgage with a bank different than the first
Second Mortgage with a bank different than the first mortgage holder . Second Mortgage holder just sent me a letter stating I had 14 days to clear this up, or they would begin foreclosure proceedings.… read more
Richard
Richard
Owner
Doctoral Degree
4,361 satisfied customers
A tenant moved out and left numerous damages to the rental
A tenant moved out and left numerous damages to the rental home. Does this automatically breach their contract? And are they entitled to any of their Security Deposit. I have photos and estimates. Hou… read more
Loren Stone
Loren Stone
481 satisfied customers
In a mortgage on a condo that is jointly owned by where both
Second opinion] In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Responsibilities when Roof leaks cause damage to interior of
Responsibilities when Roof leaks cause damage to interior of condominium? … read more
Richard
Richard
Owner
Doctoral Degree
4,361 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
Loren Stone
Loren Stone
481 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x