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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7602
Experience:  UK solicitor
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I jointly own a house with my partner Currently valued

Resolved Question:

I jointly own a house with my partner
Currently valued at £400,000 we purchased outright no mortgage
What is my legal position should I wish to sell and my partner refuses
Submitted: 1 year ago.
Category: Family Law
Expert:  Thomas replied 1 year ago.
Hi, Are you married to your partner?Is there a breakdown in your relationship?Tom
Customer: replied 1 year ago.
No we are not married
There is no problem with our relationship at the moment but this could
change if I decide to sell
Expert:  Thomas replied 1 year 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=49You 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 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. Basically, you would probably ultimately be successful in obtaining an order that the property is sold from court because courts are not minded to effectively require people to own assets they no longer wish to own. However, the process can be drawn out on issues such as valuation because they courts obviously want to strike a fair balance between both parties. From the date you submit your application to court it would take a minimum of 4-6 months (possibly considerably more) and if you instruct a solicitor (as you should) at least £2000-3500 (and possibly more). 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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