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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi Can you help. I have been with my partner for 15 years,

Customer Question

Hi

Can you help. I have been with my partner for 15 years, lived together for 14 years of those years we rented a house for 8 years and bought a 3 bed house for 6 years. He owns 60% and i have 40% share in it. Unfortunately the relationship has broken down and I have moved out to a rented accommodation for 6/12 months. He has taken over all payments of the property. Am i still entitled to my 40% share, if he wants to continue with this arrangement, how much would you say that i could in theory ask for if he wanted to pay me out of the mortage and get removed from the deeds.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users, I might not always respond in minutes. Please bear with me in that case.

It is with pleasure to try to assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Are you named on the mortgage?
Customer: replied 3 years ago.


Yes i am named on the mortage


 

Expert:  Stuart J replied 3 years ago.


You are not liable for the mortgage or the bills
or a contribution to them, the house that you do not living although you remain
liable to the lender if he stops paying.

Notwithstanding the above, you are still entitled
to your 40% share is that is preserved in the trust deed or land registry deed
when it was laid out unless it says something else with regard to your
individual contributions



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Customer: replied 3 years ago.


thanks, but i did ask how much would i be entitled to or ask for if he wants to remain in the property. The house was bought for £221,000 6 years ago and a lot has been, i would value the house at around £230,000 now.!!


 


 

Expert:  Stuart J replied 3 years ago.


I think I might be missing something here.

You are entitled to 40% of the equity.



There may be an argument over the value of the
house because you will want it valued higher and he will want it valued lower. It
would be reasonable therefore to take the average of three agents valuations.



Based upon your figures, there is only £9000 of
equity and you would therefore be entitled to £4500 less 50% of any solicitor's
costs in respect of the legal costs of removing him.

 

You are not entitled to anything in respect of his occupation

Does that answer ?

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare

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