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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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Hi I bought a house with my ex partner 2 years ago, there

Customer Question

Hi
I bought a house with my ex partner 2 years ago, there is still 1 year on the mortgage.
I would like to buy him out. We put in equal amounts of money into the house.
My questions are:
if I am going to buy him out what is the fairest way to decide what I should pay him
If he doesn't accept my offer can he force me to sell the house?
Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Will you be able to demonstrate sufficient finance to receive a mortgage offer in your sole name?
Kind regards,
Tom
Customer: replied 2 years ago.

Yes I have already checked with the mortgage company and with the help of my parents I will be able to afford the mortgage

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
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.
If you have agreed to split the equity in the property on a 50:50 basis then I would probably speak with him and get his agreement in principle to a payment to him on the basis of the valuation carried out by your lender for the purpose of making you a mortgage offer.
If he agrees then you can apply for your mortgage and have the valuation carried out. Once the valuation has determined the current market value you can do some calculations to see how much your payment to him should be, get him to agree and then instruct a solicitor.
If you are not able to agree an offer to buy him out then he can force the sale of the property by making an application to Court. You would then have to litgate and show the court that you have made a reasonable offer to buy him out so that the court orders that the property is transferred to you subject to the buyer payment to him.
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
Customer: replied 2 years ago.

hi

I have had 3 estate agents valued the property and I have offered him the average, yet he is pushing for more as he thinks we will get more if we sell it.

I just want to know if we were forced to go to court because I have offered a fair price based on an average valuation is a judge likely to side with me?

Expert:  Thomas replied 2 years ago.
Hi,
Yes, if you have obtained multiple valuations from reputable agents and you have based your offer on those valuations then a court would look favourably on your offer. ]
He would be free to find his own valuation which is higher, but presumably that is not going to be possible if you've already had three at the similar level..
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom

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