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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My partners ex wants his name taken of morgage he lived with

Resolved Question:

My partners ex wants his name taken of morgage he lived with her for 10 years and pay for those years she kicked him out to move another in where does he stand as she said he wont get nothing he dont have a lot in the way of fiances how can he be helped as she has him believing he dont get nothing which i dont agree and nither does his parents could you give some advice please my name is helen
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Are there any children of the relationship?
Who is registered as being the owners of the property on the land registry title?
Kind regards.
Tom
Customer: replied 2 years ago.

Both party's my partner and his ex and no there are no children

Expert:  Thomas replied 2 years ago.
Okay.
Can your partner afford to get a mortgage offer in their sole name and buy out their ex?
Please note that I have a meeting now for about 45 mins, I will be able to reply once you have given further information then.
Kind regards,
Tom
Customer: replied 2 years ago.

No he cannot he rents with me now and has done for 5 years as the mortgage details are on the bank statements there is no way he can get one he did try but to no advail the ex put house on market 5 years ago and decide to take of again and my partner the big softie did nothing about it I'm sorry I cannot give you more information but I don't want Him to be stamped on by this nasty woman I have never meet her but her messages left on phone gives me an idea what she may be like thank you for giving me advice and will look forward to more Helen.

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, they 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 your partner wants then they 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 their interests as tenants in common, meaning that the respective shares will pass according to their wills or under the intestacy rules. Your partner’s ex need not sign the form provided you follow the instructions.
If the person wants their name of the registered title for the property and your partner does not want to sell at the moment then basically nothing will happen until the person applies to court and gets formal about it because they cannot sell their interest in the property without your partner’s consent.
However, your partner’s 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 them out and transfer the equity in to their name then the court would make an order for sale. A local solicitor would be able to do this for you and these orders are seldom refused by the Court
In the absence of any express agreement there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands
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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