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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33972
Experience:  Over twenty-five years experience
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My partner and I are splitting up, and we share a mortgage

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My partner and I are splitting up, and we share a mortgage together. She put a large sum of money into the property (£120,000) when we purchased, and I pay the mortgage and all the bills for the property (approx. £2000 per month) - and have been doing so since we moved here 18 months ago. The house is now on the market to be sold, yet my partner has other ideas.Recently she has entered into another relationship, and wishes to remortgage the property at my expense, and build an annexe in the garden for her and her new partner to live in. She has a 6-year old daughter, and she wishes her daughter to remain in the house with me, while she lives with her new partner at the bottom of the garden.Her other alternative suggestion is to move her new partner into our home, while still insisting I take responsibility for the mortgage, the bills and support of her and her daughter...and her new partner.She feels that because she put a large sum of money into the property that she has every right to dictate what can and can't be done, and that she effectively 'owns' a third of the property.I would just like to know what rights I would have in contesting either of these suggestions.RegardsSimon

The fact is that you bought the property together and as such have equal rights under TLATA (the Trusts of Land and Appointment of Trustees Act 1996. As such if you can not agree what happens to the property then you would be able to apply to the court under the act for the property to be sold. So you can contest either proposal. You do not have to agree to one which seems unfair to you. Happy to discuss further and please of course rate.

Customer: replied 5 months ago.
Thank you. We have agreed to sell the property, but she still insists that if it is not sold in a timely manner then she will exercise her right to do as she pleases and move her new partner in. I have advised her that this is not an acceptable situation, and certainly not ideal for her 6-year old daughter.While I understand that she wishes to move forward with her life, as do I, I have reminded her that her choice to pursue a new relationship, and how that progresses is her/her new partner's responsibility; and that I should not be forced to financially support them in the meantime.RegardsSimon

You are completely right. Both in law and reality. As such the court would support in the sale of the property. I hope that this helps and please rate positive.

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