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House rights after split

2 replies

Notlongtogo123 · 02/05/2018 16:21

Hi,
Long time looker first time poster.

I bought a house with my expartner(not married) 2 years ago. Both on mortgage and both on title deeds. We live in Scotland.

We have one child and I am due shortly with second one. We separated back in a December, where I moved out to the smallrented flat with my child. I still had keys to the house and was coming over to feed the dog during the day while ex was at work.
It was all good at the beginning but it all went downhill. Believe ex got new girlfriend. I still had some stuff of mine in the house but found out one day he changed all the locks.
It was agreed between us earlier on verbally that he will stay in the house but now I want to get my stuff and sell the house as he is not paying any maintenance and not having a lot of contact with the child.
Which route should I go?
Would be grateful for any help

OP posts:
AllyMcBeagle · 02/05/2018 22:59

Hi OP. There's some basic advice here:
www.citizensadvice.org.uk/scotland/family/relationship-problems-s/ending-a-relationship-when-you-re-living-together-s/#h-housing-rights-at-the-end-of-a-relationship
I'd like to be able to help further but I'm not an expert in this area. Hopefully someone else will post soon Flowers

crabbyoldbat · 03/05/2018 13:41

Maintenance for your children is a separate issue to selling the house - this should be paid by the non-resident parent regardless (assuming that they don't spend 50% of their time with him.) This should be chased up separately - don't use your house money to cover his share of his children's expenses. Contact arrangements are separate to this too i.e. people cant withhold contact if no money, or pay money only if there is contact.

Selling the house is a different thing - IANAL, but I think that, as an owner, you are entitled to enter the house (the only time I think this isn't true is when the person inhabiting is a tenant, not the co-owner). And to have a key. I assume that you're continuing to pay your part of the mortgage.

You should certainly arrange to get and get your belongings, as a first move - negotiate a suitable time, and take someone with you. If he's likely to refuse, or be abusive, it might be an idea to see if the police (community officer?) will accompany you.

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