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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My friend separated from his partner of 13 years and moved

Resolved Question:

My friend separated from his partner of 13 years and moved out at her request. She changed locks and has sent a solicitors letter asking him to collect his belongings and to sign the mortgage over to her. It is a joint mortgage and she basically wants him off the mortgage and him to give her the house. No children in the relationship. What are his rights ?
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were they married?

-Did they have any formal agreements in place regarding the property or deeds of trust?

-Is the title also in joint names?

Customer: replied 10 months ago.
Another married, no formal agreements, I believe title deeds in joint names
Customer: replied 10 months ago.
not married sorry
Expert:  Harris replied 10 months ago.

Thanks for confirming. Legally she is not allowed to change the locks without a court order. He has a legal interest which entitles him to occupy the property and also obtain a share of the proceeds of sale (or for him to be bought out for his share). His share of the property is in accordance with his share of the title. If no agreement can be reached between them regarding a sale or appropriate buy out, then he can pursue a court order for a sale of the property.

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.

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