Joint Property Sale
The client wishes to sell a property located in the region, which they no longer reside in. The house was originally purchased using funds from an accident payout. The client's former partner and their two children currently live in the property. The former partner's name has been on the property deed for a long time. The client seeks guidance on how to proceed with the sale, considering the current occupancy and ownership situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the legal implications of having my former partner's name on the property deed?
Having your former partner's name on the property deed generally means they are a co-owner of the property, which affects your ability to sell it unilaterally. Both parties named on the title deed typically must consent to the sale. Co-ownership can take forms such as joint tenancy or tenancy in common, each having different implications regarding rights of survivorship and division. Determining the type of ownership is crucial to understanding your former partner's rights. If your former partner is not agreeable to selling, you may need to negotiate or seek a court order for the sale.
How can I initiate the process of selling a property that my former partner currently resides in?
To initiate the sale of the property, you need to first determine the ownership structure. If both your name and your former partner’s name are on the title, you will typically need their consent to proceed with the sale. It may be beneficial to negotiate an agreement regarding the sale and division of proceeds with your former partner. You may need to involve a conveyancing solicitor to manage the sale process and ensure all legal requirements are met.
What rights does my former partner have to the property, given that it was bought with my accident payout?
Your former partner's rights to the property largely depend on how it is legally held. If their name is on the deeds as a joint tenant or tenant in common, they likely have ownership interest regardless of the source of the funds used for purchase. Under the law, inclusion of their name on the title can establish their legal interest.
Are there any specific legal considerations I should be aware of when selling the property while children are residing there?
When selling a property where children reside, consider their need for housing stability, especially if there are custody arrangements or child maintenance agreements in place. The court often prioritizes the welfare of children in such circumstances, so it is important to communicate and negotiate with your former partner regarding the sale.
How can any potential sale proceeds be divided, and what is the impact on my children?
In the division of sale proceeds, the share each party receives typically depends on the ownership structure specified in the property's deed and any agreements made during cohabitation. If the property is jointly owned, proceeds are generally divided equally unless otherwise documented. The welfare of children is paramount, so financial arrangements such as child maintenance may be affected.
What could be my next steps please?
Given the circumstances, your next steps could involve seeking independent legal advice to understand your position regarding your former partner's rights to the property. This may include exploring the possibility of negotiating an agreement regarding the sale, and consulting with a conveyancing solicitor to prepare for the sale process, ensuring compliance with all legal requirements.
