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Answered in 2 hours by:
11/18/2009
PortsmouthLaw, Solicitor
Category: UK Law
Satisfied Customers: 255
Experience: I have been a Solicitor since 1981 with experience in property, landlord & tenant & wills & probate
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The answer to your question depends on who owns the house. If your partner owns it in her sole name, she is entitled to ask the Court for an order that the man leaves. If he does not do so, he can be forcibly evicted by the Court bailiff.
If the property is jointly owned by your partner and the man, it is not so easy. If they bought as joint tenants he is entitled to half of the equity in the property (equity=the difference between the value of the property and the amount of mortgage secured on it). Your partner's remedy is firstly to ask how much the man wants for his interest and to pay it to him in return for his transferring his interest to your partner. The mortgage lender will need to be involved in the transaction. If he won't agree to be bought out, your partner can apply to the Court for an order that the property be sold and the proceeds of sale divided. The failure to contribute towards the mortgage can be taken into account when the proceeds are divided, so that your partner receives more than half by way of compensation, but there is no guarantee that she will do so.
Hope this helps. If so, please click "accept" but do feel free to ask for more information if you need to.
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