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Thomas
Thomas, Solicitor
Category: Family Law
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Experience:  UK solicitor
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my daughters partner left her 11 months ago. He continued

Resolved Question:

my daughter's partner left her 11 months ago. He continued to pay 50% mortgage but she remains in property paying her share plus all bills. He has been harassing her constantly and has advised her he is moving back into the property tomorrow. Can he do this
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

I assume that they are unmarried and that there are no children of the relationship.

If they are both jointly named on the registered title for the property (ie. they are both the owners of the property) then they each have equal access rights to the property unless there is a court order to the contrary.

So, because he is still an owner of the property then he can have access to it and live there unless there is a court order (eg. non-molestation order) stating that he must not have access.

Unfortunately, if he is a joint owner of the property then he can move back in under these circumstances. The fact that he has moved out for a length time does not change that.

Also, if they 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 she wants then she 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.

She needs to check how they hold their interests to see the above is necessary.

She can force the sale of the property by making (or posturing to make) an application to Court. If her partner cannot demonstrate sufficient finance to receive a mortgage offer to buy her out and transfer the equity in to his name then this is her only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

If he is stating that he will only agree to a sale on the basis of a highly favourable settlement in his favour then you will have to take it to court with the order for sale and dispute the split he proposes at court.

I am sorry. .


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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