How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I split up with my partner , he still is living in the house

This answer was rated:

I split up with my partner , he still is living in the house we bought together , he is paying mortgage , he will not sell the house but he will not sell it either . I had a house before and sold mine to buy the one together .. He payed £40 k deposit and I payed £20 k . It is a joint mortgage .help !!!

Are you married?

Do you have any children?

Customer: replied 5 years ago.
no we were not married
I have a daughter from a previous. Relationship
I said I was going to move back in until it sells or he pays 'me off but he says I can't.
I know he doesnot want to sell it .. He is not working and in debt so cannot buy 'me out
Drafting your answer. 5 mins..

Thanks for your reply/patience

First of all, if youhold the house jointly (as joint tenants) then each person's share woulld pass to the other upon death regardless of any direction made in your 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 their interests as tenants in common, meaning that your respective shares will pass according to your wills or under the intestacy rules. Your ex-partner need not sign the form provided you follow the instructions.

If you are jointly named as registered proprietor with him then you each have equal rights of access that neither can deny the other. You have a right to move back in and will keep this right until there is a court order to the contrary.

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 his name then this may be her only option. A local solicitor would be able to do this for her and these orders are seldom refused by the Court.

Needless to say, you should make sure that the mortgage payments are met otherwise it will be reflected on your credit rating and may ultimately result in the lender making an application for possession themselves in the event of default.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Law Specialists are ready to help you