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Calling Mumblechum or Collaborate - house consent in separation issue - non marital

(5 Posts)
MildlyMonica Sun 12-May-13 12:20:58

My friend and her partner (not married) are splitting up, as of yesterday. They have two young kids. I've have asked some questions of her and the mortgage is in both their names. Her partner has said he is arranging to put the house on the market tomorrow without her consent. Can he do this legally?

The girls on chat said you were both very knowledgable and helpful in these things so hoping you are around and can offer some initial advice to help quell the initial horror/distress she is feeling today without being able to access a solicitor until tomo.

mumblechum1 Sun 12-May-13 12:26:04

Well he may put it on the market if the estate agent is really dopy and doesn't ask for both signatures but he sure as hell can't sell it without her consent.

Unfortunately people going through separation often make daft threats like this.

When you say she's on the mortgage I'm presuming that she's also a joint proprietor, ie "on the deeds".

The two of them need to each take independent legal advice about the split. Unfortunately, because they aren't married, your friend isn't entitled to a range of things she would have got if they were. Therefore she won't get maintenance for herself, or a share of his pension or (usually), any more than half of the house, but that depends on whether it's currently held in joint names in equal shares.

mumblechum1 Sun 12-May-13 12:27:49

The first step, if the house does go on the market without her consent, is for her to tell the estate agents to take it off pronto, and they will do so as long as she's a joint owner.

MildlyMonica Sun 12-May-13 12:45:29

Oh Mumblechum you are wonderful. He is making a lot of different threats and because she's been bullied & controlled for so many years she's used to believing what he says is right when often it is nothing but a baseless idle threat.

That info will give her piece of mind and breathing space to work this through logically rather than emotionally. Will get her to check she is on the deed rather than just on the mortgage.

Thanks so much - think this will be a difficult time and I'm trying to be the pragmatist rather than emotional as i dont she needs that right now!

mumblechum1 Sun 12-May-13 13:31:42

Nae bother hen! x

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