Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Children's home- selling jointly owned property.

1 reply

Slowcooker123 · 02/08/2012 21:27

My EXP and I separated over a year ago. He moved out of our jointly owned property. Since then I have paid the full mortgage and all costs associated to the property. I live here with the children (both under 8) and he has a new house. We share the children's care with an informal 50/50 alternate week arrangement.

Financially I cannot afford to pay the full costs alone on a long term basis.

He has now decided he wants to have access to the property (he still has a key) not to live here just pop by (he's very controlling) He has come in and gone through my personal possessions etc. It's obvious stressful and upsetting and Ive been told as he is a homeowner and has not damaged anything he has the right to enter whenever he pleases.

I want to sell the property, but he has previously said he will not agree. I have somewhere else to live and he has somewhere else to live too so it's not going to mean the children don't have a home. The property is in negative equity, so would mean if it sold there would be a shortfall of a few thousand pounds.

What can I do in the short term to protect my privacy? I have changed the locks since he last entered as he had been going through my clothes and personal paperwork and I felt really violated. My solicitor says that as there has been no violence from him an "occupation order" is not appropriate- does anyone have any other suggestions? As I no longer feel comfortable in my own home if I move out can he somehow been forced to pay half the mortgage and costs whilst the property is empty and on the market until it is sold

Long term- Can I force him to sell? He hasn't live here or paid anything for over a year. Has anyone been in this situation and know how banks may deal with the shortfall ie. a small repayable loan split between us.

Thanks in advance for any advice, will be seeing my solicitor again next week but would love some advice perhaps from others who may have faced a similar situation- plus obviously every question to the solicior currently costs me a fortune! :)

OP posts:
mumblechum1 · 03/08/2012 17:31

Probably the best thing to do would be to threaten to apply for an order for sale under the Trusts of Land and Appointment of Trustees Act. That can include an order about the terms of the sale inc. appointment of estate agents etc.

Often the threat of court action brings matters to a head and you end up with a negotiated settlement without actually having to go to court.

The bank could, if they were minded to, sue both of you for the full amount of negative equity. This is called joint and several liability and means that you don't each just owe one half. The bank are likely to pursue whichever of you is most likely to be able to pay.

So far as the locks are concerned, unfortunately he would be within his rights to change the locks so long as he gives you a key, as he is a joint proprietor.

New posts on this thread. Refresh page