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Can Ex have a say in who does/not carry out building work?

(14 Posts)
beadycake Fri 24-Jan-14 16:19:12

A short background...
We separated last April, police involvement, non-molestation order and occupation order awarded in my favour. Direct contact via email only re finances & children included in order due to harassment from him.

The mortgage is in joint names but despite me asking for half (via my solicitor) he has paid nothing since he left. I pay this solely along with house insurance and overdraft on the joint bank account etc. Divorce recently petitioned.

I've notified him of a claim I am making for repairs due to water damage.
He replied....
As part owner I have a say in what happens with the house. I do not under any circumstance allow EBS or any Emes related building firm doing any work on the house either for the roof or otherwise. Please honor that fact.

Can anyone advise me if legally this is the case please?
EBS/Emes is a company run by my brother...they don't get on!

Thanks in advance

mumtobealloveragain Sat 25-Jan-14 08:08:26

Watching with interest as I have a similar situation. Sorry I do t have the legal knowledge to advise you.

SirChenjin Sat 25-Jan-14 08:11:25

Sorry I can't help - hopefully someone will be along soon who can, but I just wondered whether it might be better to take out the name of your brother's company from your post for security/safety reasons? smile

XPS Sat 25-Jan-14 08:17:44

If it's an insurance claim doesn't the insurance co get to choose who does the work?

mumtobealloveragain Sat 25-Jan-14 08:39:05

I was thinking the same. Report your post and ask MnHQ to remove the name of your brothers company (assuming you've posted the real name).

I can see why, if he doesn't like your brother and possibly questions the integrity of his business/workmanship then he doesn't want him doing work on his house. Just because he doesn't live there it's still his house and his investment. Morally I think it would be much fairer to use a different builder's firm. This is assuming he is paying half of the cost of the work/repairs of course?

babybarrister Colombia Sat 25-Jan-14 11:51:35

Yes and no. He remains a part owner so has a legal right to have a say - whether he actually does anything about it is another thing. If the company will do a good job and it is just a grudge and the insurers are happy is he likely to pursue?

beadycake Mon 27-Jan-14 14:09:41

Thank you all - He is currently on an emailing rampage and is desperately trying to engage me in conversation, almost impossible to resist at times!

It was my impression too that if the claim was successful the insurance company may well dictate who does the work... and as you say mumtobealloveragain - if he wants to pay half then I'd be happy for him to choose the builder...currently he pays nothing towards the mortgage or anything house related so that would be interesting!

(my brother will see it as free advertising if anything so I think it'll be ok - it's not the integrity of the work in doubt - it's just my brother he hates - it's mutual!)

UnexpectedItemInShaggingArea Mon 27-Jan-14 21:59:53

If you disregarded this what redress would he have? What injury/loss would he suffer (assuming work was done to a good standard)? What could he take legal action for? I can't think of anything.

AddToBasket Wed 29-Jan-14 15:11:38

It's difficult to see what legal ground he would have for preventing your brother doing the work unless it was because your brother would cost more.

Does he have reason to believe your brother would be more expensive or do a less good job than any other competent builder? If not, his objection is unreasonable and in all likelihood a court would ignore it.

That thing about 'honour' is v pompous.

beadycake Mon 03-Feb-14 19:56:31

His grammar is generally v pompous!

balia Mon 03-Feb-14 20:42:54

I wouldn't be able to resist saying something along the lines of 'Sure - just as soon as you honour your commitment to pay your half of the mortgage.'

beadycake Mon 03-Feb-14 20:52:18

That's the trouble - I have reams of unsent emails replying in great detail to his diatribe...makes me feel all grown up ie 'the better person' not to enter in to dialogue... mashes him in the face keyboard grin

ITCouldBeWorse Mon 03-Feb-14 20:55:45

I'd ignore while you pursue the claim on your policy against your home.

If you advise the insurance company about the relationship with the company and they are happy with it, surely that shows they are above board?

beadycake Mon 03-Feb-14 21:08:55

Fingers crossed they will...still waiting to hear.

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