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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I like with my partner but no longer wish to. We are tenants

Resolved Question:

I like with my partner but no longer wish to.
We are tenants in common and I own 55% of an initially £165,000 property which is now worth about £180,000, and she owns 45%, due to a declaration of trust.
We have a joint mortgage for about £135,000 which we've had for the almost 2 years we've been living together.
I can afford to buy her out even if I need my parent's help they are happy to help, but my partner is vvery stubborn and simply refuses to agree to sell and refuses to leave, which is OK, except that I don't feel like I have any options. It seems like even if I want to sell my 55%, even to her, I cannot without her approval and I cannot hand the mortgage over to solely her as I do not believe she can afford it and she refuses to anyway.
What I want to know is, what are my options?
How can I either buy her out, sell the place for a profit, or sell my 55% and get rid of the mortgage with some left over to account for my share of the house and the 2 years?
Obviously the easiest colution if she demands to stay is to sell my 55% to her and sign over the mortgage to entirely be in her name, but I don't think I can do this without her permission, and she's very stubborn... so what can I do? I really want to live alone, not with her, and I can't just give up the £40,000 or whatever I probably should get after selling to get a new house and morgage on my own.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you married to each other?

-Was it detailed in the declaration of trust the process you have agreed to sell the property?

Customer: replied 1 year ago.
Hi.
we are not married.
It does, it says I can serve a letter saying I want to sell, then she or I have 6 weeks to say we want to buy the others share. If we both or none of us do this we have to sell after 12 weeks or before with written consent.the part I think for me is choosing whether to offer to buy her half, it says that I would offer to buy their share at the current market value minus the outstanding first charge, the mortgage, but I don't understand, is that minus their half of the first charge, or all, and at the end, what happens to the mortgage?
Customer: replied 1 year ago.
Also, if we both serve notice that we wish to buy the other's half, but she can't actually afford to, does it still coun as, we have to sell it on the open market or, is her wish to buy my share invalidated?
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given that the agreed procedure is set out in the declaration of trust this must be followed.

In relation to the amount you need to settle, it would appear that you first need to settle the mortgage - which I would imagine would be in proportion with her share of the property (so 45% of the outstanding mortgage), and then to provide her the remaining equity. I have calculated - her share of mortgage is £60,750 and her share of the total value at current price is £81,000 therefore her share of the equity is £20,250.

If she gives notice to buy your share, but cannot afford it then obviously that cannot proceed.

If your partner refuses to agree to engage, you will need to apply to court under form N1 and a £355 court fee to your local family court to proceed with a sale.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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