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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a house joint ownership house 50/50 with wife, she lived

Customer Question

I have a house joint ownership house 50/50 with wife, she lived with me most of her time at my parents until August 2012. Our house is across the road from my parents. she left me in aug 12 to go to her parental home, didnt return and cleared joint account in Sept 2012. trying to reconcile she promised if i had the house ready she will move in with me. House was ready i moved in, she lied didnt come and cleared the joint account again after we removed the inhibitor in Dec 12. I have paid the mortgage to date and kept payments even after she put us in difficulty, she stopped contributing when she left and just took from our joint account. I have put house on rent in may 13 to help meet mortgage payments as i am a phd student, to help with payments as i dont want to lose the house and get blacklisted. What steps should i take, her belongings are at my parents and she has informed me that she is coming with police to collect her belongings and she wants the keys to our property..which she has already...please help. i want to comply with returning her belongings but no way im giving up my house which she abandoned, put at risk and not contributed.

 

p.s i will leave her belongings in the hallway, am i obliged to let her or the police into my home to search it also??

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.

The house is worth 125000, we have owned it since feb 2012. The mortgage outstanding is 110000.


 


We both put a deposit of 10000, from our savings.


 


to date my wife stopped making payments in Aug 12, twice cleared the joint account in Sept and Dec 12, i have since been paying the arrears and cleared them with great difficulty as i am a phd student, have bought the mortgage payments up to date and still doing so today on time.


 


 

Expert:  Clare replied 3 years ago.
Hi
I am afraid that as a joint owner of the property she is entitled to a key.
To avoid doubt get another one cut and give it to her together with her personal belongings
I am afraid that she retains a financial claim on the property despite her actions
Claire
Customer: replied 3 years ago.

Fine, even if i do i am living in that property, and currently i have tennants staying in there. what should i do?



I do not want her taking it over. Bottom line is id rather let the house get repossesed than let her take it after what she has already put me through, would that not be a better idea?


 


My long term concern is my parents home is across the road, if she gets in and starts making false allegations about my family so they will have to be removed from there home..i am worried and speculating. i doubt she will move in to the house but she will do anything out of spite, and for a reason i just cant figure other than she is malicious and just got married for the sake of trying to screw with someones life.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but she is entitled to the key no matter what.
I am also afraid that there is a good chance that she would be allowed to return to the house with the child (and without you) if she wished.
Your family cannot be removed by your ex even if she moves in which realistically seems unlikely.
Claire

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