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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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, I am going through a separation and my unmarried

Customer Question

I am going through a separation and my unmarried partner of 5 years and I own a 4 bed house 50/50. She is moving overseas with her son for a 3 year assignment and leaving 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 but this is proving difficult to agree on.
She is now threatening me that she wants to either sell her 50% to someone else, rent out her 50% share of the property or move in her father and Brother to occupy 2 rooms of the house.
I am concerned as I am not in the UK at the moment as I left to be with my family during the breakup and she is leaving the country for work at the end of the month, I will not be back until half way through next month. She told me her Brother and Father are going to move in next week and I have told her that I do no want anyone in the house, let a lone her family while I am getting over the breakup. She is taking all her belongings overseas with her as her job is a relocation assignment, but all my things are in the house and would be left unsecured with strangers or her family members who I do not trust and do not get along with very well.
Please can you tell me if she can do this, what I can do to stop this or if I even can. Does she need to get my approval and vice versa if either of us are wanting to rent rooms while it is owned 50/50.
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.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and is he also your child?
How much is the property worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.



No the child is not mine however I have been his father for the last 5 years and he see's me as his Dad as his biological father has never been in his life and I consider him my son. He is now 11 years old and he actually wants to stay with me but obviously I have no right to ague his mothers decisions as there is nothing on paper that makes me his dad.


The property is valued by the bank who owns our mortgage as around 359,000 and we owe approximately 224,000. However there are other factors e.g. I paid a larger deposit and have done all the work on the property myself but split materials costs, as well as large bills for works happening on the estate that will be due in a years time once complete so if I take over the sole ownership I will be liable for those which is making the buyout price hard to agree on... However I believe we will come to an agreement on this as we are already getting close to the figure I think is correct. I have asked her to continue paying her half of the mortgage, council tax and estate management fee while I will take on all the bills in my name once she has moved out until we agreed on a buy out price.


My question was actually more about if she can move her family into the house, or force me to rent out rooms when we own it 50/50 as I really want to have my own space for a while. From how I understand it the only people legally allowed to reside in the house are the owners and anyone else would need both of our approval e.g. I cannot stop her from living there nor can she stop me.


However she also thinks that any rent from those 2 rooms will solely cover her half of the mortgage instead of being split 50/50.