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tdlawyer
tdlawyer, Lawyer
Category: Family Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of family law issues.
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Hi I have a question regarding my house and my ex partner who

Resolved Question:

Hi I have a question regarding my house and my ex partner who is still on the mortage
Submitted: 2 years ago.
Category: Family Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What would you like to know about this please?

Customer:

Basically my patner and I split up over four years ago and she moved out of the house that we both share the mortgage on. She is living somewhere else now but we are trying to sell the house. I still live there at present but she wants a key to it. I've refused to give her a copy as my personal belongings are there. Is she entitled to a key?

tdlawyer :

Is she on the title to the property?

Customer:

yes but not the election register

tdlawyer :

Okay, then in strict theory, she is entitled to a key as she is just as much the owner as you. However, what will she really do if you don't give her one? She doesn't want to live there does she?

Customer:

She has hinted at this in the past which is one of the reasons I am reluctant to give her a key

tdlawyer :

Okay. Well, in theory she is entitled to one, but I do wonder whether she would go to court to obtain one. Is it more likely she's trying to make it look like you've excluded her from the property and will not let her reside there?

Customer:

No basically I spend some of the time at the house now and some with my new girlfriend. I have got in touch with my ex regarding some repair work that needs doing on the kitchen ceiling. I need to make a claim on the insurance and I asked her today for half the excess money. She is saying that because she doesn't actually live there she doesn't have to pay it? Then she said she wanted the key

tdlawyer :

Oh I see. She remains liable to pay the lender irrespective of anything you might agree or whether she leaves.

tdlawyer :

You're both jointly liable at all times.

tdlawyer :

Unless the lender agrees otherwise.

Customer:

Its not the lender but the insurance company I want her to pay half towards?

tdlawyer :

Oh I see. Well, yes, this policy will be in her name too, no?

Customer:

I'm not sure but the Mortgage company insisted that we always had protection. I may have shopped around in the last couple of years but will that affect it if it only shows my name now?

tdlawyer :

It shouldn't affect the validity of the policy if only in your name, but do check this. If only in your name, then I doubt you can make her pay for it, but the correct thing to do is reach an agreement about who gets what now, and if not possible, look at selling the house, and drawing a line underneath it, otherwise she might continue to demand things and cause you problems in years to come.

Customer:

Ok thanks.

tdlawyer, Lawyer
Category: Family Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of family law issues.
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