Ex wants to move into flat jointly owned by both of us?

[passmyglassplease]

Brief background, we were living in Winchester in a rented house, ex left to find himself. I had to move back to London to be near friends and family who could help me etc.

We have a joint flat which I moved into with dcs, and have been paying all the mortgage and bills by myself for 18 months, ex has never lived here, but now says due to financial hardship he has the right to move into the property as it is jointly owned

Where do I stand, can he do this? he has no keys so would have to break in or something along those lines, he currently does have a partner (who he left me for) with her own house etc.

I don't know what his game is but I need to sind out where I stand for my own peace of mind.

Thanks for any advice/help you can offer

is he trying to force a sAle?

Sorry don't understand - how is it jointly owned if you've paid for it? Did you own it before when you both lived in London or something?

If the house is jointly owned, he has a right to be there I believe.

You need to see a solicitor and get advice.

He can access the property in any way he sees fit if it is his house too.

You can get an order denying him access to the home if he has been abusive etc.

Get thee to a solicitor.

Actually I'm not sure he can access the house in any way he sees fit and he doesn't necessarily have a right to be there.

My bil jointly owned a house with his sister, they fell out and he was advised he could not go there without giving her notice, he could not enter as and when he pleased and he could not move back in unless she agreed.

It's all a bit complicated with joint ownership because it depends on what type of mortgage you have (tenants in common etc), whether or not there are children involved and it is their main residence etc.

If he has a new partner though and she has a home that he lives in, it may be that he is trying to scare you into making him an offer to buy him out rather than simply asking you to.
bil tried the same tactic with his sister in the end. It worked and she paid him off but it wasn't the best way to resolve things. (although he was justified in the end
as he was treated very badly)

I would see a solicitor who specialises in property but I think you'll find this comes under family law. (bil's case did)
I would expect you'll have to pay him off, are you in a position to do so?

it was a buy to let property, there had been a tenant there for 8 years.

Technically I was homeless and had no option but to move in as I could afford to cover the mortgage on my own, surely he is obliged to let the dcs have a roof over their heads?

I have no funds for a solicitor as I am already paying for the divorce consultations etc, am flat broke

no he doen't want to sell it, I really don;t know what he wants and sick with worry that he will be able to live with us omg what am I gong to do?

what finanical hardship is he referring to as his reason for wantingto move in?

He cannot reasonably expect to leave his wife and dc, get togeher with another woman and then move back in with his wife and dc whilst he is still together with this other woman.

That makes no sense at all. I cannot believe you would have to accept that

He has two options. He either asks you to buy him out or he makes you an offer to buy you out.

What's the equity like in the flat at the moment? IS there any?

You could counter by writing to him and stating that you would be happy for him to move in and have his name removed from the deeds on receipt of an agreed sum of money to buy your interest in the property.

Or, you could make an application to the court to have him removed from the deeds (this is what sil did to bil) but this is expensive and not guaranteed a good outcome.

Or, book an appointment with a solicitor for the free half hour to get an idea of where to go next and at the same time check whether you are entitled to legal aid.

Sorry - should have read have your name removed from the deeds on receipt of an agreed sum of money.

can you ask your dp to help you out paying for legal advice on this? You will have no peace of mind till you know where you stand

I didn't think the op had a partner?

just spoken to a friend of mine who is a property solicitor, he say I need to get an occupation order.

Must do that this week, the conversation was very hurried, any ideas what I need to provide to the court?

dp - I meant parents, sorry

sorry I don't know passmyglass

I beleive you are legally entitled to stay there, even with him part owning it, until your youngest child reaches the age of 18.

Have you officially seperated. if you are, then I beleive he has no legal right to stay there, until the youngest child is 18.

babbathehun, that would be great news for me, I no other way to keep a roof over the dcs head

we are in the process of divorcing, maybe I need to get that written into the records?

If you are divorcing would the question of division of marital assets and the childrens residence not be covered?

I don't think that's strictly true either babba. I think that you can request that but it is not always given/agreed.

Sorry, sil went for an occupation order, she presented evidence that she was paying the mortgage and bills solely as well as evidence that she had been the sole resident for the period since they fell out.

did she get it itsmeolord?

She didn't but that was because she had lied in her statement. She had said that he had been physically agressive and that she had had to call the police on a few occasions. None of it was true, he was out of the country on two of the occasions she cited and there were no police records or any 999 calls.

So, I don't think her experience would be the same as yours if you see what I mean.
Your case is fairly clear cut in that you have been living in your home for 18 months with no input or objection from your ex and it is your childrens' main residence.

In their case there were no children involved, she basically moved her boyfriend in when bil was on holiday and changed the locks then refused him entry on his return.
None of us even knew she had this boyfriend.

thanks itsmeolord, I have just filled in all of the paper work including an affidavit and I am exhausted.

I wonder should I get the papers checked out before submitting them?

Although time is short as he is threatening to 'move in' after the half term, might just have to get there this week and deliver them personally, no time to talk to CAB, its really hard to get an appointment in less than 2 weeks.

god I hope I win as otherwise I shall be homeless.

just thought I would update you all.

went to the high court this morning and have received a date for a hearing in 2 weeks time for an occupation order

then I will defiantly know if I have to leave the flat or not.

Good luck with everything.

it me again

am off to the CAB this afternoon, anybody know of any questions etc I should ask?

all advice is very greatly appreciated