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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and partner have just separated and partner has moved

Resolved Question:

My son and partner have just separated and partner has moved out of the house they purchased jointly about a year ago. They have agreed a payment (not yet paid) from my son to his ex to compensate the partner for her input to the property. Both are shown as owners (not sure whether as Joint Tenancy or Tenancy in Common) on the mortgage. My son wants to take on (and can afford) the full mortgage going forward. What is the best course of action to legalise all this and so that the partner has no further claim on the property? Thank-you
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
HI, thank you for your question. Please confirm:-Are they in England or Wales?-If you they are/were married?-If they have children together?
Customer: replied 1 year ago.
Property is in LondonNot marriedNo children together
Expert:  Harris replied 1 year ago.
Thank you for confirming. In the circumstances she can transfer her share to him, but this will depend on whether she wishes to obtain any capital from her share. The mortgage company will first need to be contacted so they can carry out their checks and consent to the transfer of equity to his sole name. I would suggest that if he has received formal confirmation that the mortgage provider will accept him taking on the mortgage solely that he instructs a conveyancer to deal with the legal paperwork to ensure that they are all completed properly and that his ex-partner is taken off the title. The cost for most conveyancers will be a few hundred pounds and this will be worthwhile for him to ensure that it is all legally correct. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Just before I give a positive rating can you please further advise what would my son's partner need to sign to agree that she has no further call on the property - and alongside recognition of a compensating payment - this does not seem like a normal conveyancing transaction? Thank-you
Expert:  Harris replied 1 year ago.
If she were to transfer her legal interest (her share in the property) to him and the title is in his sole name then she will have no more claim towards the property. This is because they are not married and have no children. Once it has been transferred she will lose her interest in the property.
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