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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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Me and my partner purchased a house together and she decided

Resolved Question:

me and my partner purchased a house together and she decided to move out and rent a room with her friend but decided to stop paying all the bills and mortgage from the house we purchased but we are both on the mortgage. I know its only me living in the house but i cant afford the mortgage and bills by myself. she used to transfer £130 a week into my account to cover half the mortgage and I paid the bills and the other half of the mortgage. really need help and dont know where i stand.

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?
Did you sign a declaration of trust stating your specific percentage interests in the equity of the property?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi no children and i paid for deposit for the house and when we applied for the mortage together so im guessing its a 50 50 share

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 cannot demonstrate sufficient finance in order to buy her out and mortgage in to your sole name then your only option is a sale of the property. You would both need to consent to the sale.
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. However, if this is not agreed between parties then you would have to litigate under the trust of land and appointment of trustees act, which is expensive and there is no legal aid for.
You 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 you out and transfer the equity in to his name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the 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
Customer: replied 2 years ago.

thank you for all the information just need in simpler terms, because the house is in both our names she has to continue to pay half the mortgage until we sell the property is that correct?

she said she spoke to her solicitor and said because she cannot live in the same house as me she does not have to pay half the mortgage any more so i have to pay it all until the house sells she said???

Expert:  Thomas replied 2 years ago.
Hi,
Basically, you are both jointly and severally liable for the mortgage debt, which means that the lender can sue either or both of you for the whole monies owing if it is not paid.
Therefore, between you you need to ensure that the mortgage is paid otherwise it could have dire consequences on you both.
If you agreed with her that you would equally contribute to the mortgage then you may ultiamtely be able to claim monies from her if she does not contribute but this may take time and in the interim both of you need to come to an agreement (temporary if necessary) about who is going to pay the mortgage.
Tom
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