But wouldn’t the partner have to HAVE hsv 1 to pass it ?

Yes, it is possible for someone with genital HSV-2 to still contract oral herpes (HSV-1) through oral sex. Even if your partner already has the virus in one location, they can still get infected in another area of their body. It's essential to practice safe sex and use protection like condoms or dental dams to reduce the risk of transmission between different parts of the body or partners. If you have further concerns about this issue, consider discussing it with a healthcare provider for personalized advice and guidance on managing both infections effectively.