Separation from common law partner with 50:50 home ownership as Joint tenants

CarlDW

Hi, Looking for some advice on to proceed. My partner and I have separated, we jointly fully own the property we live in as Joint Tenants since July 2021. I have served notice of intent to change this to Tenants in common today and will be sending the SEV form to the land registry tomorrow. I can afford to buy the house (with a mortgage) whereas my partner cannot afford to live there - can I force my ex partner to sell the house at market rate either to a new owner or to me? Thanks in advance

lisyloo

Yes you can try to force a court order. Not necessarily cheap, so would be better if you could come to an amicable arrangement. Giving them a good deal would be cheaper than court action and may be less stressful.
bear in mind they could make things difficult if so inclined e.g. remove stuff, damage stuff, deliberate flea infestation etc.

getmore4less

You need to serve the notice on the joint tenant otherwise it has no effect.

Joint only really applies to survivorship so worth doing the severance in case you die but while alive it does not have much relevance when splitting equity.