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Can the House be sold from under me?

  • hategoinghome
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06 Sep 12 #354169 by hategoinghome
Topic started by hategoinghome
Firstly, My partner and I are not married. We''ve been together five years.
We bought a house together two years ago. She had received a rather large compensation payout and so put considerably more into the pot than I did. In an effort to bring some sort of parity to our financial contributions, we took out a small mortgage (in both our names) but the mortgage payments are taken from my salary.
She has now decided that she wants to sell the house and has instructed an estate agent. The agent has been round, photographed and listed the property and all of this has been done without my knowledge or consent.
There is a prospective buyer coming to view the property on Saturday.
Obviously, this revelation has put an end to our relationship but I now have nowhere to go. I gave up a well paid job (albeit overseas)to come home. I am concerned that my reduction in earnings will mean that I cannot afford to buy a new home for myself and that my proportion of any sales profit will be negligible. Where do I stand legally?

  • sexysadie
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06 Sep 12 #354195 by sexysadie
Reply from sexysadie
If the house is in both your names, I am pretty sure she can''t do this. The house can''t be sold without the agreement of all owners, unless she gets a court order. You could tell the estate agent that you are a joint owner and that might well stop things in their tracks. On the other hand, I don''t think you would have a right to keep the house to live in unless you can take over the mortgage.

Because you were not married this comes under property (not divorce) law so we aren''t so well equipped to advise you. However, I think that legally if you are joint owners you are deemed to own half each so you might at least be able to negotiate that you get a share of the profit in proportion to what each of you put in.

Best wishes,

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