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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex partner has repeatedly said he will sign over the

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my ex partner has repeatedly said he will sign over the family home to me but is now reneging on this i have a witness and text message stating this ,would i have any chance of making him do this,we never married but have 3 children and were together 19 years youngest child is 18

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

-Are/were you married to each other?

-Whose name is ***** ***** in?

-Who is living in the property now?

Customer: replied 1 year ago.
we are not and never were married,the house is in joint names and there is no mortgage and my youngest son who is 18 is living here with me,my ex has bought himself another apartment

Thanks for confirming. As the property is in joint names, you would require his agreement to transfer the title to your sole name. Without such an agreement, unfortunately your only option would be to pursue an application to court and in those circumstances the court will deem whether it is reasonable to transfer the property to you (based on his previous agreement) or to sell the home. Given that there is no mortgage on the property you should expect there to be proposals for you to pay a share of the equity to him in accordance with how he holds the title, therefore as it appears to be a joint tenancy he would be entitled to be compensated for 50% of the equity unless you can show that there is agreement or intention that this would be different.

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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