[ Post New Message | Post Reply to this One | Send Private Email to pendle | Help ]

Response to What are my best options re:Split from partner

from pendle (pendle@amun-ra.demon.co.uk)
If two people have equal shares in a property as "tenants in common" it means that if one dies, their share will pass to their family, not to the other party.

Joint tenants own a property between them and if one dies, their half of the property automatically passes to the other.

This is how the law treats property under the Intestacy rules - a Will can change the above and then it can get complicated.

What your partner appears to have done is asked for a change to "tenants in common", so that if, say, he died before the property was sold, then his share of the house would pass to his family, not to you, as you have split up, this seems a sensible idea. What is important with a tenancy in common, is that the respective shares are noted, for example, 25% - 75% share, 50% - 50% share etc. The change of tenancy cannot be done without your signature, and if he has already seen a solicitor, then I expect the solicitor has recommended this be done.

If you are on good terms with your ex, then I suggest that you contact him and see if he is willing to put the property up for sale or take over the entire mortgage. If he is not willing, then I would suggest that you do see a solicitor for advice, you can force a sale, but it would, I understand, require a court order, if your ex doesn't play ball.

Until there is a Transfer of Equity into your partner's name, or the property is sold, you are still liable for the mortgage and any arrears. As your ex has had problems keeping up with repayments anyway, I would recommend that you act quickly, you don't want to be involved if the house is repossessed and the shortfall debarcle afterwards. If you are short on cash and qualify, you can get up to 2 hours cut price work under the Community Legal Help scheme. There will be a couple of firms in your area who do this.

Hope this helps.

(posted 8450 days ago)

[ Previous | Next ]