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:
- 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.
- If i can insist on having a key if he wants me to pay the mortgage?
- 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.