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Legal matters

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Advice on ex partner believing he has rights to house.

9 replies

MrsCaptainJackSparrow · 11/10/2013 14:09

Hi.

Looking for a bit of advice from my aunt.

I'll try and keep it short.

She split with her partner over a year ago. He moved out of the house they shared. It's mortgaged in her name.

He has recently been pestering her for money. He sits outside the house in his car all of the time which intimidates her.

She's had baliffs at her house looking for him as he's owes lots of people money.

He's demanding £5000 or he will break in and move back in.

He believes he's entitled to something.

Where does she stand.

OP posts:
RevelsRoulette · 11/10/2013 14:11

Has she sought advice from a solicitor? If not, she should find out the legal position re if he's entitled to anything based on what he paid in, even if he's not on the mortgage.

MrsCaptainJackSparrow · 11/10/2013 14:14

Thank you. She hadn't yet, she is looking into that today.

OP posts:
cestlavielife · 11/10/2013 14:16

if its in her name and her mortgage he has little rights unless he can claim beneficial right eg paid for a major extension etc.

TOLATA - look up TOLATA you will find info online eg www.rcsolicitors.co.uk/chiltern-family-law/living-together/guides/land.htm

she should go to police immediately to report him for the harassment.

she should go to a solicitor with all documetnation regarding the house and tell them if his name has been on any bills etc if there is any paperwork which might indicate he has beneficial interest in the property.

she should call the bailiffs/companies chasing and say he doesnt live here any more

she should not pay him anything

SanityClause · 11/10/2013 14:17

What he is doing is stalking.

Whether he is entitled to any money is a civil matter. But sitting outside her house in his car, and making threats is a criminal matter. She should call the police.

juneau · 11/10/2013 14:19

She should definitely call the police and report him for harassment if he turns out outside and makes threats - he can't do that. She should tell them about the threats to break and enter too.

Actually, just everything 'cestlavie' said.

MrsCaptainJackSparrow · 11/10/2013 14:23

Thank you. She asked my mum for a loan of the money to get rid of him.

My mum can't help her financially anyway.

I suggested she stay with her ex husband for a few nights who she is on good terms with whilst she sorts herself out and to make her gel safe and if he dies break in she can call the police.

She's considered selling just to get away from him.

OP posts:
TheFabulousIdiot · 11/10/2013 14:41

did he pay any of the mortgage and can he prove he did?

he may have a case to claim something from the house if he can.
If I were her I would stay in the house because it would surely be easier for him to break in if she is not there. Definitely call the police.

MrsCaptainJackSparrow · 11/10/2013 15:06

As far as I know she paid everything but will check.

I don't think he would break in. He's seen the opportunity to get some money out of her. He knows my dad passed away recently and he told my aunt to ask my mum for the money as she must be 'loaded' now.

OP posts:
FryOneFatManic · 11/10/2013 22:04

Make sure she doesn't give him any money at all before getting the legal advice. If she gives anything to this creep now, he'll be back for more.

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