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Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

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Original poster

Legal access to house.

23 replies

skramble · 12/03/2009 12:28

Right I am not about to phone police or anything but I am sick of hearing that he has rights o access my house because his name is on the deeds still.

I have paid mortgage for over 15mths, he left over 17mths ago.

Last month he signed a seperation agreement which says the house and the contents are now mine.

He still had crap stuff in the house that I hadn't got round to dealing with. Last week he asked his mum for the keys to come in and get it while I was out. He has taken only his items that have any value and still left crap.

I blew up at his mum and apologised as she was put in a difficult situation he is still her DS. But I feel sick at the thought of him my house with out me being here. I would not have denied him his stuff. Even sicker that I suspect his GF was with him.

He has not even apologised, he thinks he has done no wrong, he says he didn't speak to me as it was too much hassle to have me going off at him, I think he should face up to the fact he left stuff lying for so long and is a grwon up and should accept a bit of grief for this instead of going behind my back and invoving his mum. He repeatedly refers to the fact his name is on the deeds if I refer to it as my house.

Seeing solicitor at the end of the month to finalise signing over the deeds.

OP posts:

trixymalixy · 12/03/2009 12:34

Why has his Mum got keys?

I would not be happy about this either.

scaredoflove · 12/03/2009 12:43

If the house is now yours according to the separation agreement can you change the locks and don't give his mum a key?? Why does his mum have a key?

Original poster

skramble · 12/03/2009 12:44

Not bothered about his mum having keys, we get on very well and she looks after the kids a lot, she often pops in to pick up stuff for the kids I have forgot, or gives the key to DS if he wants to get something when I am away.

Not a problem at all, but a bit like her son she like to take the path of least resistance and gave him the keys as she ehought it woul be easier for both of us. Of course she can't see why her DS being in my house makes me sick, I told her this and she was dumbfounded, she is still telling herself the relatinship was over before her DS went elsewhere, shame her DS didn't tell me first, and as he moved sraight in with GF I suspect it was going on for a while.

OP posts:

Original poster

skramble · 12/03/2009 12:44

Oh and I don't think she would give him the keys again after the rant I had at her.

OP posts:

Original poster

skramble · 12/03/2009 12:45

Back to the main problem, where do I stand if his name is still on the deeds, it is not likely to be reapeated but I do not like him using this as defence and wan't to know my legal position so I can defend myself.

OP posts:

Niceguy2 · 12/03/2009 13:10

If his name is on the deeds he is legally entitled to enter the house whenever he wants.

If you change the locks, he can simply break them to gain access to his property.

Niceguy2 · 12/03/2009 13:12

Forgot to add. It doesn't matter who pays for the mortgage or bills. Its the name on the deeds that is the matter.

So from a legal point of view you have little recourse.

Original poster

skramble · 12/03/2009 13:13

, even though he moved out 17 mths ago and has signed a seperation agreement.

A landlords name is on the deeds but they can't just enter the house when ever if it is rented to a tenant surely

OP posts:

Original poster

skramble · 12/03/2009 13:13

I haven't denied him access to collect stuff, I jusy thought leagaly and moraly it should be by arrangement.

OP posts:

mankyscotslass · 12/03/2009 13:17

As far as I know if his name is still on the deeds then he is entitled to gain entry, and this also applies of you change the locks.

My friend is separating from her partner, this is the advice she was given.

If I was you I would get it finalised as soon as possible.

Re the landlord and tenancy thing, I think there is a tenancy agreement normally which states what the landlords rigths are in terms of access, but I've never rented from a private landlord so couldn't tell you!

mascaraohara · 12/03/2009 13:19

you can have his name removed contact your mortgage provider. You will need to provide some evidence I expect that he has no right

I suggest you do it quickly because if that's not done, regardless of who has been paying the mortgage he could still stake a claim to half

Niceguy2 · 12/03/2009 13:20

Landlord/tenancy is completely different. You ex is not a tenant, he is the owner. Seperation agreement means nothing. All it does is show intent. It doesn't mean he forfeits his legal rights.

Morally he's of course wrong but legally he's unfortunately done nothing wrong.

You can't even bin his crap at the moment because its not yours and he's entitled to keep his crap in HIS house.

Technically he should have paid 50% of the mortgage but the bank wont care so long as someone is paying.

Niceguy2 · 12/03/2009 13:26

Its not that simple to just contact your mortgage provider and have his name removed!

They will send you the forms they need but this is something your best letting a solicitor handle.

The form will need to be signed by your ex and declared in front of a solicitor or notary. This then needs to be registered with the land registry.

Trust me, your ex will want his pound of flesh for getting his name off. Depends on what you've agreed and how much equity is in the house. Unless you purchased the house as tenants in common, he is technically entitled to 50% of the equity.

Original poster

skramble · 12/03/2009 13:29

Ok, so I can't retaliate then.

Things already moving on signing the house over and the mortgage.

The seperation agreement was drawn up by solicitor and says he is only entitled to 2500 when I sell the house, no other rights to money, contents or value.

It is so frustrating he moved out and took a couple of holdalls and the single malt whiskys. I had to gather all his other stuff and put it in the hall in bags and forced him to put it in his van before he got in the house, at the time I couldn't face the loft and all his junk in there. He has now taken any items of value that were his but left olf videos etc, I can't see whats what yet.

I just feel I am shit on again, he has basicly stored it in my house because he moved in t his GF's mums house as she still lived at home. I would have dumped it in the garden to get ruined if it wasn't for the kids.

OP posts:

Original poster

skramble · 12/03/2009 13:33

That is all getting done through the solicitor, I think he may have even signed his bit of that mortgage handover document as he said he signed after he was in but seperation was done over a month ago so he might have been refering to that, maybe thats why he wanted to do it then because he was due to go in and sign.

Its laughable really that he is so small a person that he can't face up to me, I am not a tyrant just sick of there being yet another 'thing' going on. Its always something.

OP posts:

mascaraohara · 12/03/2009 13:35

can you give his stuff to his mother and explain it's so he doesn't have to come in to your hoem again

also, regardless of what else is said here it's is worth talking to you mortgage provider.. be honest with them. I can only speak for my provider but when I split with dd's father (not married) my mortgage provider gave me loads of info when I had questions

Niceguy2 · 12/03/2009 13:50

Good idea Mascara

Collect up all his stuff and take it to his mums. Gives him no reason to "pop" in and will annoy him no end to boot!

Original poster

skramble · 12/03/2009 13:52

mortgage provider is fine, i saw them last year and despite my meager income they were willing to put mortgage in my name, they gave me document for exh to sign, to be done through solicitor.

Unfair to dump at his mums she seems to be storing enough of his crap anyway.

i can't face it really but i will have to bag the rest of the stuff and have it ready to hand to him when he drpos the kids off.

Again like when he left he has taken only wht he wants and lft me to deal with the rest.

OP posts:

Niceguy2 · 12/03/2009 14:20

Its unfair for him to dump the stuff he doesn't want either!

You sound like I used to be....too nice. You know what I learned, nice people get shat on.

Keep the peace until the mortgage is signed over. Once it is, stop being NICE!

Original poster

skramble · 12/03/2009 14:24

Don't know what I can do to be not nice, it still involves me clearing it out for him, I think if he had the nerve to break in enter my house when I am not here he could have the decency to clear out all his shit.

If I bag it and bin it, easy for him.
Bag it and hand it to him, easy for him, he can go through it at his leisure or dump it.
Bag it and take it to his mum, shit for his mum and easy for him.

OP posts:

Niceguy2 · 12/03/2009 14:33

Bag it, take it to his mums. What happens there after is not your problem.

Original poster

skramble · 12/03/2009 14:40

It is much more in my interest to keep on good terms with his mum, she meant me no harm.

I would have to take it round an physically heave it into her loft as she couldn't manage and it would be upsetting for her.

I will tackle it when I can face doing the loft anyway and I will just bin it as he has had more than a chance to deal with it himslef.

OP posts:

solidgoldbrass · 12/03/2009 14:49

ONce you have sorted out the legal side of getting him off the deeds etc, tell him he has to collect his crap by such and such a date or you will bin it.

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