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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23781
Experience:  Senior Partner at Berkson Wallace
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I own my property as tenants in common with my Ex parter.

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Hi I own my property as tenants in common with my Ex parter. She is planning to move someone else in soon. I own 80% of the property and she owns 20% of the property, I was hoping to find out my legal rights regarding this and also as a majority owner.
JA: Where are you? It matters because laws vary by location.
Customer: South Ockendon, Essex
JA: What steps have you taken so far?
Customer: None so far, just seeking advice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I need some more information before I can fully answer you so can i ask;

are you both in property?

if not who is and who pays the mortgage?

and what was the plan for the property?

Customer: replied 13 days ago.
we are both currently in the property, at the moment the mortgage is paid from her account as we split the bills. I am planning to buy her out of the property by taking out additional lending with the mortgage provider.

The property is jointly owned and therefore she is entitled to have whatever guest she likes in the property.

Legally straightforward but practically a nightmare.

You can ask the guests to leave when she goes out but she can ask the guest to come back when she comes back.

The fact that you own a larger percentage doesn’t apply to the legal title, only the financial/equitable/beneficial title.  So legally you both have the same rights.

Of course there was nothing to stop you moving in with a new partner in the same applies vice versa

I’m sorry, I know it’s not the answer you wanted.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 13 days ago.
Okay thank you for your answer. Could I just ask a follow up question for more general advice?The situation is that when we got the property I put down £100,000 for a deposit to which she added nothing. So while I understand she is now legally entitled to the 20% we signed on the paperwork, is there anything from a legal perspective that you think could give me leverage to offer her a lower amount to move out and be taken off the mortgage?

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer with your legal problem.

It’s as well that you had ownership down as 2080 because of you didn’t, and you left it open she would be getting 50% even though she put nothing in.  There is already case law on that which I must say I don’t agree with.  However I don’t make the law, I just regurgitate it.

I hear what you are asking but if anything, her leverage would be the other way.

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