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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7626
Experience:  UK solicitor
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I am separating from a male gay relationship of 16 years we

Resolved Question:

I am separating from a male gay relationship of 16 years we bought a property together 10 years ago both names on deeds and mortgage my ex partner now earns a lot more money than me and is retiring soon and wants to sell our property where do I stand I don't want to sell at present time. tony donnelly
Submitted: 2 years ago.
Category: Family Law
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.
He can force the sale of the property by making an application to Court. If you cannot demonstrate sufficient finance to receive a mortgage offer to buy him out and transfer the equity in to his name then this will be his only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court, but you can drag it out for a period of time on the issues, such as valuation.
If he is not minded to get formal and actually issue proceedings then nothing will happen.
If you think he might issue proceedings then you should consider how best to “manage” him in such a way so as to postpone him actually ultimately getting formal. If he does issue then you will have to see if you can drag it out.
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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