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Legal matters

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Can I legally enter my father house when his partner has changed locks?

7 replies

ohnothisisxomplex · 05/05/2014 20:18

I'm after some legal advice/guidance on a really tricky situation, it's really complicated but I will try and make it simple.

My dad is gay, he is not married to his partner and they have been separated for 3 years during which my dad lived abroad and paid 50% of the mortgage and all bills on a house they own together. Their house is in negative equity, but only by a little bit now as the market has picked up. Neither my dad nor his partner have any savings and they have a joint loan against the house for a failed business.

10 months ago my father went to jail and we all agreed that I would continue to pay his share of the mortgage (but no bills) so long as I could hold a key to the house to ensure it was being well maintained and that I could enter the property with 72 hours notice primarily to check my dads mail and pick up clothes he might need.

Everything worked great for 2 months. Then his partner changed the locks and refused to let me in to the house to pick up a jumper. I tried to negotiate with him and said I was happy to pay the mortgage if I had a key but he refused to give me a key and said he was happy to pay the mortgage by himself.

Fast forward 10 months on and he is threatening to sell my fathers belongings to cover my fathers share of the mortgage. I am still happy to pay the mortgage if I have a key but he still is refusing to give me one. We think (99% sure) his new boyfriend is living at the property with him.

Every letter I've written to him is ignored and it's got to the point where I am now considering speaking to a solicitor.

Does anyone know if:

  1. I can insist he gives me my fathers belongings? The only thing my dad really wants is a biscuit barrel and a photo that belonged to his grandmother and a bedroom furniture set; there are lots of other things that are his but this is all he wants.
  1. If i can insist on having a key if he wants me to pay the mortgage?
  1. He can legally sells my fathers items to cover his "share" of the mortgage.

I should add I'm 27 and don't know a lot about this type of thing so I'm sorry if any of these questions are a bit silly/naive.

Thanks.

OP posts:
VanitasVanitatum · 05/05/2014 20:22

You can't insist on a key as you have no legal interest but your father can, he cannot sell your fathers belongings and you can insist on removing them if your father authorises you to.

ohnothisisxomplex · 05/05/2014 20:29

Thanks for the reply VanitasVanitatum, if I had power of attorney could I have a key then? Can I keep the key for my dad or does he have to physically have it himself? What if my dad instructs me to get the locks changed and give his partner a new key and send my dad his own key, is that illegal?

If I go there with a letter from my dad and he won't let me in what would I do then; call the police?

Sorry to bombard you with questions!

OP posts:
VanitasVanitatum · 06/05/2014 20:18

Sorry for the late reply!! If you have power of attorney in relation to the property you can do anything he can do. If you change the locks however partner may just change them back again.

I would go there with a power of attorney if you want to remove belongings, tell him you will involve the police if he doesn't give you belongings.

Pay the mortgage via your dad's account if possible, as in transfer it into his account then to the partner.

Make sure the property is registered in joint names, that way partner can't sell it without your dad.

Keep evidence of the payments you have been making and any future mortgage payments.

ohnothisisxomplex · 06/05/2014 22:49

Thanks VanitasVanitatum, I'm going to try and see a solicitor too, would it be a family solicitor? I think if I get power of attorney, change the locks while he is out, get the biscuit barrel and then leave him a key. He can keep the rest till my sad can sort it out himself, it's just the barrel is sentimental :)

OP posts:
babybarrister · 07/05/2014 09:28

This reply has been deleted

Message withdrawn at poster's request.

ohnothisisxomplex · 07/05/2014 14:18

Fab thanks babybarrister, I thinks e might just go down the power of attorney route then. I called 4 family solicitors today and all of them said they can't really help and have me the name of another xompany, but none of them
Can help. Not sure what type of solicitor I need?

OP posts:
babybarrister · 07/05/2014 20:59

This reply has been deleted

Message withdrawn at poster's request.

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