My relationship with ex-partner ended 6 years ago. We have a property with outstanding mortgage of £21,000, the equity in the property is approx.£30,OOO, the mortgage is held in joint names and I am the first named,it is held with the HALIFAX. I moved out and had no problem with ex-partner remaining in the house ( there are no children involved ) however letters to me re:arrears are now arriving, the last one threatening repossession, however when I contacted they informed me that my ex-partner had once again made arrangements to pay off the arrears in instalments, amount outstanding is about£600. What I am hoping is that someone could advice me, as I do not wish to be blacklisted because of this situation ............ A. Can I enforce sale of the property ( partner unable to buy my share out )and is it a complicated process ?

B.What I also need to ask is - I am aware that partner has been to see a solicitor re; changing from joint names to tenants in common. I have received a Notice of Severance of the joint tenancy from partners solicitor stating that they have been instructed that the property is now to be held as Tenants in Common, there is a copy for me to sign and return - however I have had no contact with ex and havent agreed to this, can anyone advice if it can be done without my agreement ?

I would be so grateful for any advice as I dont have have much surplus cash to spend on legal advice at this time. Thanks Joyce

-- joyce thurston (jpurple1953@aol.com), February 07, 2001

Answers

Regarding you question for forcing a sale for the property you can do this as I did obtain one against my ex partner although I am unsure as to what you circumstances are. If you ex partner is being unreasonable about selling etc you can get an order for sale but my only advice as I'm not a trained solicitor is to seek legal advice as property matters can be long and complex as I have found with my circumstances. It's took me almost 4 years & I'm not sorted out yet..

Sorry can't be of further help

-- Karen Carr (karencarr2000@yahoo.co.uk), February 07, 2001.

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.

-- pendle (pendle@amun-ra.demon.co.uk), February 07, 2001.