ChatterBank0 min ago
Partnership Break up
My partner and I jointly own a property but have split up. I want him to sell the property so that I can reclaim my share of the property. He has moved in a new female and is refusing to sell. What can I do to make him sell?
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Are you 'joint tenants' or 'tenants in common'. If in doubt (and you've not got the relevant paperwork to refer to) download a copy of the title register from the Land Registry's website. (It will cost you £4):
https://www.landregis...ortal/Property_Search
If you're joint tenants neither of you owns a specific share in the property. (It's your legal partnership which owns the whole property). Therefore neither of you can sell your share of the property (since such a share does not exist), nor force the sale of the other person's (non-existent) share. You need to change your ownership of the property to 'tenants in common', whereby each of you owns a specific share of the property. (Usually 50%). Speak to the Land Registry about changing the type of ownership. (Your former partner has no right to object to the change). Phone 0844 892 1111 (M-F, 0800-1800) or email [email protected].
If you're tenants in common you can then seek a court order for the sale of the property. It's theoretically possible to do so yourself but I'd strongly advise using a solicitor.
Chris
https://www.landregis...ortal/Property_Search
If you're joint tenants neither of you owns a specific share in the property. (It's your legal partnership which owns the whole property). Therefore neither of you can sell your share of the property (since such a share does not exist), nor force the sale of the other person's (non-existent) share. You need to change your ownership of the property to 'tenants in common', whereby each of you owns a specific share of the property. (Usually 50%). Speak to the Land Registry about changing the type of ownership. (Your former partner has no right to object to the change). Phone 0844 892 1111 (M-F, 0800-1800) or email [email protected].
If you're tenants in common you can then seek a court order for the sale of the property. It's theoretically possible to do so yourself but I'd strongly advise using a solicitor.
Chris
All you need to do to change from joint tenants to tenants in common is serve a written notice of severance (I would do this anyway to be on the safe side).
Then as Chris says, you then apply to the Court for an order for sale. In practical terms it really doesn't matter whether you are Jts or Tics since the Trusts of Land and Appointment of Trustees Act 1996, under which the application will be made, treats either the same.
Then as Chris says, you then apply to the Court for an order for sale. In practical terms it really doesn't matter whether you are Jts or Tics since the Trusts of Land and Appointment of Trustees Act 1996, under which the application will be made, treats either the same.
I am currently going through a similiar situation, however don't expect this to be over quickly, I have been waiting nearly a year for a hearing and then there will be costs involved which are going to be horrendous unless. If you can get him to buy you out you will save yourself a lot of grief. but you do need to sever the tenancy at your local land registry. I did this myself total cost £ 19.00 as opposed to the £230 +vat my solicitor wanted.
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