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Surely this can't be right.

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  • Surely this can't be right.

    My Partner and I have been together for around five years although we're not married. Two years ago we decided to buy a property together. We paid £392,500 for our home but she put considerably more into the pot than me. She put in £267,500 and My contribution was £25,000. The remaining £100,000 took the form of a mortgage. The idea of the mortgage was to try and bring some sort of parity to our financial contributions. It is in our joint names although, effectively, I pay it. The mortgage payments come out of my salary, my account.
    She has now decided to sell. She instructed an Estate Agent to list the property and recently received an offer of £380,000 which she subsequently accepted. I keep writing 'She' because I have not had any input at all into the listing, viewings, or sale. The sale is progressing with all correspondence and paperwork being directed between the Estate Agent and my partner exclusively. I am being completely excluded. I've not signed anything to say that I accept the offer or that I agree to the sale if the house. Can she legally proceed with the sale of my home without my consent?

  • #2
    Re: Surely this can't be right.

    If both of you are registered as proprietors at the Land Registry then she needs your signature to sell and when she instructs solicitors they will want instructions form you too. You don't need to give them.

    Buyer's solicitor will insist that the contract and transfer are signed by both of you.

    You have checked that you are joint owners haven't you?

    Even if you are not named at the Land Registry you still have a substantial nuisance value - if she enters into a contract to sell without telling you you can refuse to move out - assuming you are still living there. If she hasn't told the buyer about your existence then buyer could sue here for breach of contract when you don't move out so she would be very stupid to try something like that. None of this last paragraph applies if you are joint owners, however, because she can't do without your signature.

    How much you are entitled to out of the proceeds is another matter entirely - not very clear from what you have said - an open to all kinds of arguments - but if she is desperate to sell then you may get her to pay you more than she would want.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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