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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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I bought a house with my boyfriend 5 years ago. We both put

Resolved Question:

I bought a house with my boyfriend 5 years ago. We both put £25,000 deposit and have a joint mortgage. I want to split up. Can I make him sell the house? I don't want to have to pay a mortgage on a house I don't live in. I can go back to my parents. I don't want to rent the house out as an investment with him, I want to break all ties. Please can you tell me where I stand.......
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are you married to your ex-partner?
Are their any children of the relationship?
Kind regards
Tom
Customer: replied 2 years ago.
He's not ex yet! I want to know more before I tell him. No not married and no kids. Neither of us will be able to afford to buy each other out which is why I want to just sell it.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for you patience.
Firstly, if you still hold your interests in the house as "joint tenants" then you need to sever the joint tenancy, so that you then hold as "tenants in common". If you keep as joint tenants and one of you were to die then the deceased's person's share would pass automatically to the remaining joint owner. If you hold as tenants in common then a deceased's person's share would NOT pass the remaining joint owner and would instead pass accorading to the deceased's person's will.
If your partner cannot afford to buy you out but remortgaging in their sole name but refuses to also sell the property then your only option would be to apply to court for an order for sale. These orders are seldom refused by the court because they don't like people being exposed to mortgage liaility where the do not wish to be. However, proceedings can be dragged out a bit where there is dispute about the valuations of the property and what constitutes a fair sale price.
If your partner is not willing or able to buy you out and you have to get formal and apply to court. Your solicitor will write to them intially asking for consent to a sale, or mediation if they do not agree. If they do not agree then your solicitor would prepare the application for an order for sale and submit it to get things started.
Kind regards
Tom
Customer: replied 2 years ago.
How do I know if we are joint tenants or tenants in common?
Expert:  Thomas replied 2 years ago.
Hi,
You need to download a copy of your registered title from the land registry:0
http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/
There is a section called "Section B Propreitorship" register. It lists you as being the owner, if there is an entry below your name which staes the following then you hold as tenants in common:-
"RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court."
If there no such entry then you hold as joint tenants.
Kind regards,
Tom
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