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house in joint names... how to resolve dispute

(6 Posts)
angrywoman Sun 07-Aug-11 22:24:40

I moved out of the former family home 3 years ago and into rented (3 year lease)property, my ex moved in. My circumstances changed and it made sense at the time though admittedly my solicitor warned me about it. At least he would pay the mortgage which he was constantly giving me grief about.
Since then he has become a jobless alcoholic. He has also been in a relationship with a woman who moved in and enjoyed the rent-free accommodation until she bought a flat earlier this year.
My ex never changed the mortgage to repayment as he had promised to. He hated my new partner and we now have no amicable contact at all.
He was late with some mortgage payments meaning I had to make a couple of small ones to keep the mortgage co. happy. Now he is claiming help from income support to pay.
It is a 4 bedroomed place, he has no overnight contact with our 3 children . A mutual friend said he is not even sleeping there, (he's living with his gf in her flat) just keeping the pets there and feeding them everyday. He denied this to me in a mediation session.
I need to go back there to sort out the childrens possessions and want things I left there when moving to furnished accommodation.
He is now finally saying he will sell as his gf is pregnant and they want to go elsewhere. Last time I visited it wasn't in very saleable condition.
Q. I want to get back in there to sort possessions and make sure the house gets sold. He has changed the locks and refuses to give me keys. Ideally we could live there until house is sold but he hates me with no regard for the children and will try to make anything difficult. What? How?

Collaborate Mon 08-Aug-11 00:59:27


angrywoman Mon 08-Aug-11 13:04:12

Hm yes I have got one. Just wanted any experience/ opinions on my position from elsewhere.

Gonzo33 Tue 09-Aug-11 05:37:19

He cannot change the locks and not give you a set of keys if you are named on the deeds of the property. It is against the law. You must speak with your solicitor ASAP.

sneezecakesmum Tue 09-Aug-11 22:00:01

Is this ex partner or ex husband? I take it its the former as finances/property etc is sorted before divorce. You will need to go back to court to force him to give you a set of keys. The police wont help and you cant just break in.

If you have a solicitor you should look at the possibility of living in the house until it is sold, but it is a court which will make all this happen for you. I take it you are now in a position to pay the mortgage? Unfortunately you have to bite the bullet and pay for court proceedings/solicitor, as you were correctly advised not to move out, and have put yourself in a difficult position. Good luck.

angrywoman Thu 11-Aug-11 16:04:59

Thanks. We didn't get married.
The police actually broke the door down looking for him one night.
He said in court (about contact) this week that the door has been 'secured' with a barricade since then.
This explains why the door felt strange when I went to test some keys I was given last time he was on a big bender.
My solicitor is going to write to him re. occupation and I can pay the mortgage so thats no issue. It would be worth me paying her as I would save on renting in the long run.
I don't see how he could argue really.
It could have been sold already if he'd done what I asked and put it on the market. I can't afford regular rent I have seen around here.

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