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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2299
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have separated with my boyfriend and he still lives in the

Resolved Question:

Good Afternoon,I have separated with my boyfriend and he still lives in the property we have a joint mortgage on. What are my rights in getting the property sold?He has sent me a transfer of equity letter to sign, with no money consideration.Thanks
Tracey
Submitted: 8 months ago.
Category: Law
Expert:  Harris replied 8 months ago.

Hi, thank you for your further question. If no agreement can be reached you are able to pursue an application to court to force a sale of the property. This can be done using form N1 together with a £355 court fee to your local court court. However, given that he has instructed solicitors and has started the process it will be in your interests to attempt to settle this out of court in correspondence negotiations.

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.

Customer: replied 8 months ago.
Is the £50 in addition to the £32?
Expert:  Harris replied 8 months ago.

Yes, but I can continue assisting you if you wish

Customer: replied 8 months ago.
Thank you. My ex has not been clear in his new arrangement (I am presuming re-mortgage for owed amount of £130k)
Also, he said property worth £145k and I think worth £160k (ish) - I wouldn't claim 50% as he has paid in for 2/3 of the duration so far. Could we reach an agreement in order for me to sign the letter? Also - if his new mortgage falls through (which he is saying it will if I don't sign letter in next 2 days (though there is no date on the solicitor letter) then I fear me may stay in house and I am stuck on the mortgage for the next 12 years....what rights do I have apart from the court order you mentioned? thanks so much
Expert:  Harris replied 8 months ago.

You are legally entitled to 50% of the property as you are unmarried. If he seeks a greater share he will need to demonstrate that there is agreement or intention between you that his greater contributions would increase his share.

In relation to the property value, without a formal appraisal/valuation then it will just be guessing at the value which may not be in your interest.

You could attempt to reach an agreement with him or through his solicitors, but again your legal position is that you are entitled to 50% of the equity in the property.

If no agreement can be reached directly or through mediation the only way to settle the matter is through the courts.

Harris, Law Specialist
Category: Law
Satisfied Customers: 2299
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Customer: replied 8 months ago.
Thanks for your help

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