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Selling property whilst ex partner still resides there.
Emma Marshall
Posted: 17 July 2017 13:50:32(UTC)
#1

Joined: 17/07/2017(UTC)
Posts: 1

Hi, any info here would be appreciated!

My partner separated two years ago from his partner of 20yrs.
Since then and to date, he has paid the mortgage (£1000/month) his youngest son (19) has just finished college and he had said instead of paying CSA he would pay the mortgage as, although a much higher amount, it was security for his boys.

He's now wanting to sell the house, which is in joint names. They are not married and the relationship ended (he moved out) 2 years ago. His ex partner obviously doesn't want to. He is happy to split any equity evenly but doesn't want her to drag the process out in order to benefit from free accommodation.

He's also learnt that (she's unemployed) she can take out loans against the property and he will be joint responsible for so it's become a really worry situation for him.

Has anyone any advice on this, any similar experiences? Can he remove her name from ownership without her permission? Any other advice or info would be welcome too.
Thank you, Emma.
Alan Selwood
Posted: 21 July 2017 16:17:24(UTC)
#2

Joined: 17/12/2011(UTC)
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I think the only sensible approach is to consult a solicitor who has the right sort of specialist knowledge (i.e. one who deals in divorces and similar, and also in property law).
Kevin Gilmartin
Posted: 23 July 2017 10:01:16(UTC)
#3

Joined: 24/10/2012(UTC)
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I agree that you need to consult a solicitor, but I think your partner's situation has improved by the fact that there are no longer any dependant children under the age of 18 living in the property.
Alan Selwood
Posted: 23 July 2017 13:35:09(UTC)
#4

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Is the property held as a 'joint tenancy' or as tenants in common'?

I just wonder what happens if you sever a joint tenancy and make it a tenancy in common (either party could do this unilaterally, I believe).

I think you (and any lender) could rightly object to your half of a tenancy in common being used as security for a loan without your written permission, since the 'other half' would not own it!

Best to ask a solicitor for the real answers, though.
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