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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have owned a property jointly with my ex-partner years.

Resolved Question:

I have owned a property jointly with my ex-partner for 17 years. He left the property 14 years ago and has not contributed anything towards the mortgage, upkeep, children (now 20 and 18) since he left. I would now like to move but am unable to as his name is ***** ***** both the deeds and the mortgage. I am reluctant to sell and hand him half the equity as I have struggled for 14 years on my own with no financial help from him. I am doubtful he would just sign the house over to me as our split was far from amicable. I would prefer to try and reach a solution without going to court but feel this may be the only solution. Please can someone give me some advice on this? Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. If you are Joint Tenants of the property - then the legal presumption is that are both entitled to 50% of the equity of the property. However given the lengthy separation and non contribution - you do have the ability to make an application to court under the Trust of Land Act for a declaration as to your interest in the property. You can also ask the ocurt for an order for sale - if he wont agree to sell. You should give consideration to referring your case to mediation - so that they can help you both try and agree what his share should be without the need for court proceedings. There are lots of mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling. In matters cant be agreed at mediation - then you will have to apply to court. You can apply to your local county court - using a Claim Form Part 8. The court fee is £280. In the mean time - I suggest that you give consideration to severing your joint tenancy. I say this because if anything was to happen to you - then your ex partner would automatically inherit your share of the property and you may not want this to happen. See this link: https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common Please do not hesitate to ask if I can clarify anything for you. Kind Regards Caroline Please kindly remember to rate positively so that we receive credit for helping you today
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