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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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, I am going through a separation and my unmarried

Resolved Question:

Hello,
I am going through a separation and my unmarried ex-partner of 5 years and I own a house 50/50. She is moving overseas with her son (11 y/o - not my child but I have looked after him as my own for the last 5 years) for a 3 year assignment and leaving me in the family home and we are trying to come to an agreement on what to do with the house. I am trying to get her to agree on a price that I can buy her out at as I would like to remain in the house as I will continue to live there and have put in a lot of work on the property, have great friendship with neigbours and am part of the residents commity on the estate etc.. but this is proving difficult to agree on.
She doesn't seem to want to let me buy her out even though I am offering her the same price she wants to buy me out at (even though I put in a £6k more despoit and 100's of hours in labour) as she wants to keep the house as an investment for when she comes back in 3 years. Incase it matters she actually earns close to 35-40% more than what I make and will be doing so when she overseas with even less expenses.
She has given me other options of renting her half of the house and I keep my half but I do no want anyone while I am getting over the breakup and would rather split the finacial equity now as prices will only go up and I may not be able to aford to buy her out then as it will be a struggle for me now.
When purchased the house was owned as joint tenants however I have given her a letter stating I want to change it to Tenants in Common, she has signed it now but am not sure if it has been posted in yet as I left it with her to do that after signing.
Please can you give me a response for both types of ownership just incase.
I am looking here for an answer on how the courts would rule in such a case as I know that if she was staying in country she would get the house due to the Child being involved but now that she is already going to be leaving the house in a few days time I dont feel I should have to leave and move my life also just for her investement sake.
Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.

Hi Clare,

The house is worth (360,000) - Give value by Mortgage lender

Mortgage of (224,000)

We have already worked out and seem to agree a price for buy-out. My question is more around if I have more of a right to buy the house as she is leaving the country and I will be living in it.

Thanks

Expert:  Clare replied 2 years ago.
Hi
Since you are not married the matter is dealt with under Property Law.
Where joint owners cannot agree on what should happen the only option is to apply to the court for an Order for the Sale of the property
The Court cannot force either of you to sell the property to the other - it can only set the sale price and how the proceeds of sale will be divided between you
It wiil then come down to who makes the highest offer for the property
This is the same whether the property is held as Tenants in Common where you each own your half - or as Beneficial Joint Tenants where the right of survivorship applies.
Please ask if you need further details
Clare
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