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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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i split up with my ex partner 5 years ago we have a property

Resolved Question:

i split up with my ex partner 5 years ago we have a property togother and have signed a notice of severance of joint tenancy the house is up for sale and we had an offer which I am happy to except he is now saying he doesn't want to sell and I have no right to any profit of any house sale and that as he has been paying the mortgage he expects to recoup half of any mortgage payments as he has been paying can I take him to court to sell and is he right that because he has been paying the mortgage I have no rights?
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Were you married please?

Customer:

no

Customer:

hello?

tdlawyer :

Hi

tdlawyer :

Okay.

tdlawyer :

You can make an application to the court to force the sale of the property if you have to. It's an application that is made under the provisions of the Trusts of Land and Appointment of Trustees Act 1996.

tdlawyer :

The application is made by way of a Part 8 Claim Form to the county court.

tdlawyer :

As for your entitlement in the property, the likely position will be a 50:50 split, unless you agreed otherwise, as this is the starting position when you sever a joint tenancy.

Customer:

do I need a solicitor for this? or can I do it myself and what are the costs?

tdlawyer :

You have the right to do it yourself, but to be honest, I would always suggest you get a lawyer for something like this if you can. The costs for a lawyer to resolve it depend on how long it goes on and how it is fought etc., but from to start to finish could be about £10,000 or so, if you resolve it at a final hearing, which is very rare, and more often that not people do reach an agreement once court proceedings are issued.

Customer:

ok so he has no way of making me pay half of what he has been paying? and is it very likely he would be forced to sell?

tdlawyer :

Yes, it's likely he would be forced to sell. And normally, there is no way of making you pay half, it's the outcome of joint tenancies, its basically where you both agree half each irrespective of what you contribute etc.

Customer:

that's brilliant I thought as much if it does go to court do the costs of court come out of the sale of the house? or is it because im wanting to sell I would have to pay all costs?

tdlawyer :

Sale costs etc. would come from the property before the proceeds are split. The legal costs would most likely be ordered by the person resisting sale.

Customer:

so my ex would have to pay the court costs?

Customer:

not split the cost?

tdlawyer :

The court usually orders costs against the losing party, so if the order for sale is made, that would be the person who is opposing it. But, the Court can do whatever it likes, although it usually follows this rule.

Customer:

ok brilliant you have been fab

tdlawyer :

Thank you so much.

tdlawyer :

Is there anything else I can answer for you?

Customer:

no I don't think so right now

tdlawyer :

Okay, thank you for your time today. If you feel the need to give a negative rating for any reason, do let me know so I can improve things for you.

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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