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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner and I bought a house together.The mortgage was

Resolved Question:

My ex partner and I bought a house together.The mortgage was in joint names (although now I'm coming off the mortgage) He put all the deposit down (£80,000), while I paid for all the legal fees, half the kitchen and half the central heating, amounting to approximately £7,000. Am I entitled to anything?, even a thousand would be something? And could it be done via solicitors so no contact had to be made.Thanks
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.



Thanks for your question.


If you are named as a registered proprietor of the property then you certainly have a right to more than £1, 000.00.


First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any direction made in any Will. If this is not what you want then 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 you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

You can force the sale of the property and realise the equity in the property by making (or posturing to make) an application to Court. You can negotiate your partner paying you a sum of money on account of your equity in the property so that he can transfer the equity and remortgage in to his name. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

You would need a solicitor to act on your behalf if you end up have to make an application to Court, but you could obviously do the negotiating on your own. If you

agree a sum of money that you are happy with make sure that the solicitor dealing with the transfer and remortgage knows about your position and holds your money separately to his. Do not let him say he will hold it and give it to you at a later date.


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