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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34475
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My long term partner and I jointly own the family home. He

Customer Question

My long term partner and I jointly own the family home. He wants to end our relationship but refuses to sell the family home in the current economic climate. It is only partially refurbished. He works abroad and pays the mortgage. I work and have contributed to the household income. I am shortly going to work abroad. I am worried that if I agree not to sell at the moment what will happen if he decides to come back, move in, continue with the refurbishments and still refuse to sell because it is his home. He will still be paying the mortgage. Can I force him to sell, what if he can't afford to buy me out and presumably i will receive less money if after our separation he has been paying the mortgage. He has also been paying into a cash isa, which is in his name only, incase of a shortfall in the endowment policy. Would I be entitled to count that as part of his settlement ?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
are there any children involved?
Clare
Customer: replied 3 years ago.
53,000 interest only, 14,000 endowment and 15,000 repayment total @82,000. Property in current state worth circa 350,000 to 400,000 after refurbs are completed over 600,000 I would think. We have 3 grown up children
Expert:  Clare replied 3 years ago.
Hi
Are you happy to sell it immediately?
Could he buy out your interest using his share of the equity in the other properties/
Clare
Customer: replied 3 years ago.
I imagine he could
Expert:  Clare replied 3 years ago.
Hi
You do indeed have the right to apply to the court to force the sale of the property and he has no defence to that unless he is indeed able to purchase your share
You do not have a claim o n the ISA I am afraid
Please ask if you need further details
Clare