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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7675
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I live with my ex partner who has some capital in this property.

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I live with my ex partner who has some capital in this property. I am only name on title deeds and the sole mortgagee. I want him to leave. Am I able to do this and then pay him his capital share when property is sold
Thanks for your question.
How is your ex-partner's capital investment documented? Do you have a declaration of trust declaring he has a capital interest in the equity?
Kind regards,
Customer: replied 3 years ago.

It isn't documented although clearly he can prove investment. I am happy to pay him what he is owed when I sell next year. There is no declaration of trust. Kind Regards Chris

Hi Chris,
What were the agreed terms of his occupation?
Does he have a cohabitation agreement, lodger agreement or other form of tenancy agreement?
Customer: replied 3 years ago.

Well we were cohabiting initially but separated a few weeks ago. There is no agreement in place of any description. Chris

Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your ex-partner has not really protected himself very well.
If there were not agreed terms of his occupation at all then he would be regarded as an excluded occupier, this means that he only has the right to receive reasonable written notice of eviction. There is no set way to calculate how much notice this should be but I would think 6-8 weeks would be sufficient.
If he does not move once the notice has expired then there is no legal requirement to apply for court order and technically you can change the locks or instruct a bailiff to effect eviction.
As to the capital in the property, in order to claim an interest he would have to prove this and litigate under the Trusts of Land & Appointment of Trustee act. There is no legal aid for this and legal fee can be costly. It would also take quite a bit of time.
If he obtained an interest in the property then he could in theory apply for an order for sale, which would involve further applications to the court.
Because of the prospect of litigation and fees, it’s probable that it would take about as long as you a proposing to actually realise his interest. This means that he will probably be amenable to agreeing to getting his capital when you sell the property next year.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
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