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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32926
Experience:  Over 25 years experience in law
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I live with my Partner of 26 years and we have owned

Resolved Question:

Hi,
I live with my Partner of 26 years and we have owned a house together for 19 of them. I originally had a Council Property, which I left after a payment of £11/£12k was offered as an incentive to venture into the private market, this was used as a deposit on our current home. We both lived in the Council Property but it was in my name; I had been allocated the flat because I was pregnant and was evicted from my home.
Our current home is owned by both of us, both of our names are ***** ***** Mortgage.
I no longer wish to live with him but he will not listen and will not sell the property. I have begged and begged but he refuses. It has now got to the point where I just want to leave but I begrudge leaving a house that we bought for £83k which is now worth £400k.
Can you possibly let me know what my options are, can I leave and still own the house?
He is a very volatile person and I don't think I could stand taking him to court. I suffer from Neuropathic Pain Syndrome, which causes me a lot of problems and the things I would have to go through, I don't think I could cope with.
Can I move out and pay half the mortgage (there is only five years left on this), and still own my share, so that if he should decided to sell at some stage, I would still get my half. At this moment in time, if I die, he gets the house and visa versa, would that still also apply? Our Daughter still technically lives at home but spends a lot of her time with her boyfriend. Can he throw her out if I leave, he could be nasty enough to do that.
Hope you can help.
Kind regards,
Lynn Ford
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
How old is the daughter? Are you married?
Customer: replied 1 year ago.

Our Daughter is 23 and no we are not married and are not in a Civil Partnership.

Expert:  Thomas Judge replied 1 year ago.
Thank you that is very helpful - on the basis that you jointly own the property you can seek an order from the court for the sale of the house if he is refusing to agree - its called an 'order for sale' - a solicitor would assist in the preparation of such an order. It is very straight forward and would allow you both to market the property and sell it. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

He will not sell and utterly refuses even to discuss it. He can get very nasty, I would like to know what my options are if I just leave.

Expert:  Thomas Judge replied 1 year ago.
If you just leave your options will stay the same - namely that you can force the sale of the house - the fat that he refuses to sell the property will not and does not prevent for courts from acting - hence why you should see a solicitor. You do have a lot of options - also including applying to get him removed from the house under an occupation order. I would also consider speaking to Women's Aid. Please rate positive.
Expert:  Thomas Judge replied 1 year ago.
If you are worried about him because of these arguments you can apply to the court for an occupation order. An occupation order is an order issued by the court which sets out who has the right to stay, return or be excluded from a family home. An occupation order doesn't change the financial shares in a home. It is usually a short-term measure and the length of time that it lasts will depend on your circumstances. In many cases an order will last for 6 or 12 months and some can be renewed.Occupation orders are dealt with by the Family Court and proceedings should be issued in your nearest Family Court. Happy to discuss. Please rate positive
Customer: replied 1 year ago.

Sorry If I am repeating myself but I'm not sure if my last question was actually sent.

I would like to know if I am entitled to half of the profits from the sale of the house as I have never actually paid the Mortgage. I have only ever paid the bills, at the time of purchasing the house, this worked out at roughly the same amount. Since being ill (November 2008) I have not worked and have only contributed to the household income with my ESA and DLA, do these circumstances make any difference?

Expert:  Thomas Judge replied 1 year ago.
I did not receive your last question. You would have to show that it was agreed between the two of you that the property was purchased with the intention of it being for both of you - that was the intention behind the purchase - if you can show that then you would still be entitled to 50% - the fact that you had a child together would help advance that position. I hope that this helps. Please rate positive
Customer: replied 1 year ago.

In what way could I prove apart from having our Daughter that the house was intended for both of us. The deposit we used which was from the Council was in my name and we both signed the documents, would that be proof enough? I don't remember any other documents being drawn up to state that the property was intended for both of us.

Expert:  Thomas Judge replied 1 year ago.
The deposit document was be very good evidence. It is also the fact that you had a daughter which is significant to show the intention. I hope that this helps. Please rate positive.
Customer: replied 1 year ago.

Thank you very much for your help. I feel a lot better in going forward now.

Expert:  Thomas Judge replied 1 year ago.
My pleasure - please rate positive for me - thanks
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32926
Experience: Over 25 years experience in law
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