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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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My partner and I split up over 12 years ago. We purchased

Resolved Question:

Hi,
My partner and I split up over 12 years ago. We purchased a house, the mortgage finished approx 5 years ago, my ex partner is still living in the house I have requested that he buys me out and he is not keen to do this, I would like to know where I stand and what my options are.
Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Do you still live at the property too?
Are their any children of the relationship?
Did you execute a declaring of trust stating what interests you both have in the property?
Kind regards
Tom
Customer: replied 2 years ago.

Hi Tom,

Thanks for the response, I do not live at the property and have not done so for a least 12 years although I visit often as I use it as a base to visit my mother who lives near by. There are no children involved, even though we were together for over 30 years, and we did not execute a declaring of trust stating our interest. I hope this helps.

Thanks

Lynn

Expert:  Thomas replied 2 years ago.
Hi Lynn
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.
You can force the sale of the property by making (or posturing to make) an application to County Court. If your partner cannot demonstrate sufficient finance to buy you out and transfer the equity in to his name then this is your only option if he does not agree to sell. 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.
If he does not agree after you have advised that you will seek a court order for sale then you should instruct a solcitior to submit the application to Court.
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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