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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1762
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I bought a house in 2001 for £30450. In 2005 I remortgaged

Customer Question

I bought a house in 2001 for £30450. In 2005 I remortgaged the property with my partner (her name is ***** ***** title deeds) thinking that I was providing a family home for my son. At that time the value of the property had risen to £90000.I used the collateral (£49875) that I had accrued in the house as deposit and borrowed £40125, she contributed nothing. Subsequently we separated in 2008 and she has been living in the property until recently. I have subsequently married and have a new family but having to live in rented accommodation as my ex partner has refused or failed to respond tp eight separate requests to either sell the property or buy me out with the exception of one paultry offer of £4000. She has paid part of the mortgage sufficient to clear the interest and to date £11000 of the capital. She appears to be sleeping along with my two children at some other address and just returns occasionally withput the children for 1 or 2 nights. As there has been no communication for several years now do I have the right to re enter the property or do I need to go to court
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

Hi, thank you for your question. As you did not marry, and so long as your name remains on the title of the property you have a legal interest in the property and this allows you entry to the home and the right to occupy it, except if there is a court order in place excluding you from the property.

Furthermore, if she does not agree to a sale of the property you will need to pursue an application to your local county court to force a sale - this can be done using Form N1 and a £355 court fee. The court will consider the history of the property and the legal position would be for the equity from sale to be divided in proportion with how the title is held.

However, you should be aware that if she is of the position that she cannot appropriately maintain and accommodate herself and the children elsewhere, she will have grounds to pursue an application to court under the Children Act to live in the property for the benefit of the children until they reach a certain age, after which the property be sold and equity divided - however you have good argument that this should not be the case if you can prove she is living appropriately elsewhere.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 5 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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