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Max Lowry
Max Lowry, Advocate
Category: Law
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Experience:  LLB, 10 years post qualification experience
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6 months ago I bought a house with my boyfriend for £181,000

Resolved Question:

6 months ago I bought a house with my boyfriend for £181,000 in joint names 50:50. We put down £15000 each deposit and the rest is on a joint mortgage.

I no longer want to stay in this relationship.

1) can I insist that we sell the property even if my boyfriend does not want to?
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.

Max Lowry :

Hi, welcome to the site. My name is XXXXX XXXXX I will help you with your question.

Customer:

6 months ago I bought a house with my boyfriend for £181,000 in joint names 50:50. We put down £15000 each deposit and the rest is on a joint mortgage. I no longer want to stay in this relationship. 1) can I insist that we sell the property even if my boyfriend does not want to?

Max Lowry :

Yes, you can insist that the property is sold. If it's possible to agree between you that he buy you out, then that's fine, but if you can't agree, then you can apply to the court for an order for sale of the property.

Max Lowry :

Can I assume that you have no children together?

Max Lowry :

Or living in the property?

Customer:

Yes we have no children.

Max Lowry :

Then the position is pretty easy. You would issue a claim in the court seeking an order for sale. This is done on a claim form, and you put a witness statement in at the time of issuing the claim form, then the court will consider whether to grant the order in a month or two after the claim form is served upon him.

Customer:

1)If my boyfriend is prepared to move out and I buy him out how do I legally remove his name from the deeds? 2) If he refuses to leave the property and i moved out am I responsible gor half the mortgage, utility bill etc if i am to recieve half share when property is sold?

Max Lowry :

You would need the lender's consent to remove his name, and once you have that, then you would complete Form TR1 and lodge it at the Land Registry together with a small application fee.

Max Lowry :

It's actually very easy to do, and you would need to include the letter of consent from the lender.

Customer:

Thank you. 2) If he refuses to leave the property and i moved out am I responsible gor half the mortgage, utility bill etc if i am to recieve half share when property is sold?

Max Lowry :

If you leave, then you're not usually liable for the utility bills unless these are in your name (in which case, you would be liable for them still), and you continue to be liable for the mortgage as your name is XXXXX XXXXX it until you're released from it.

Max Lowry :

You should receive half share of the net proceeds of sale once the sale goes through.

Max Lowry :

Does this answer your question?

Customer:

Thank you Max.

Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience: LLB, 10 years post qualification experience
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