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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently going through a relationship split. We are joint

Resolved Question:

I am currently going through a relationship split. We are joint owners of the property with an outstanding mortgage. I am able to buy my her out, but she cannot afford to buy me out. Neither party is currently willing to leave the house. Is there anything I can do to get her to move out?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Are their any children of the relationship?
Kind regards.
Tom
Customer: replied 5 years ago.
Hi Tom,

There are no children, and we are not married

Rgds

Andrew
Expert:  Thomas replied 5 years ago.
Hi Andrew,

Would it be correct to say then that you both wish for the other to leave because you both no longer have a desire to live with the other, but that you are then only one who can afford to take over the property in your sole name?

Kind regards

Tom
Customer: replied 5 years ago.
Hi Tom,

I am the one who wants to leave, but I do not want to give up the house. I am the only one who can afford to take over the property in my sole name

Rgds
Andrew
Expert:  Thomas replied 5 years ago.
Ok.

What would be your ideal scenario then? She agrees to you buying her out and then she vacates and severs ties with the property?

Tom
Customer: replied 5 years ago.
That is the ideal scenario

Andrew
Expert:  Thomas replied 5 years ago.

Hi
Thanks for your reply. .

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 directon 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):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


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.

I think you’ve got to play your cards close to your chest here. Your ideal scenario is effectively forcing the eviction of your partner, albeit with her being paid for her equity. If you simply applied for this you would not get anywhere, because as joint registered proprietor she has equal rights of access/occupation to the property. Just because you want her out because of the break up and can afford the mortgage does not mean that you are assured of getting this.

You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court. You could attempt to apply for this order in the hope that she relents and simply agrees for you to buy her out. You could during the course of proceedings perhaps offer her slightly more equity than she would otherwise be entitled to in order to entice here.

Ultimately if she cannot afford to buy you out, is not willing to sell the property to another private individual and will not agree to you buying out now then your only option is to formalise the matter by applying to Court.
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Kind regards,


Tom
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