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: 7609
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 wish to leave my partner of 13 years and the house is in

Resolved Question:

I wish to leave my partner of 13 years and the house is in joint names and the mortgage is fully paid. If I was to leave before any settlement on the house was reached how would I stand to get my half share once I had vacated the property?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

DO you mean that there is no longer a mortgage on the property because you have repaid it?

Do you have any children?

Kind regards,

Customer: replied 4 years ago.

yes the mortgage is repaid and we do not have any children together, I have children who are now adults

Expert:  Thomas replied 4 years ago.

Have you executed a decaration of trust confirming your perecentage interests in the property?

Does he have the money to buy you out of your share?

Customer: replied 4 years ago.

i have a letter from a solicitor to say I own 50% of the house. His father has the means to buy me out

Expert:  Thomas replied 4 years ago.

Do you suppose the father will provide the son with funds to buy you out?

Sorry, I have a quick meeting now, I will be able to answer in 10 mins..

Customer: replied 4 years ago.

I think he would yes

Expert:  Thomas replied 4 years ago.

Thanks for your patience.

If you move out of the property your percentage interest in the property is unlikely to be affected from what it presently is.

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):-

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 by making (or posturing to make) an application to Court. The best case scenario at this point would be if the father offers to buy you out because this could be arranged quickly.

If he doesn’t then you will have to apply for an order for sale from the Court. You would probably be successful but it takes quite a long time because a buyer at market value has to be found and your partner could delay things.

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