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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7569
Experience:  UK solicitor
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My partner and i have split up. I own 3/4 of house and he has

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My partner and i have split up. I own 3/4 of house and he has 1/4. We still have a joint mortgage. He is having an affair - but wont leave the house. Is there any thing i can do to make him go.
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that you are unmarried.
I’m afraid that if you are both registered proprietors (ie. both owners) of the property then unless there is an order from the court neither of you can deny access to the other to the property.
A court would generally only grant an order where you have applied for a non-molestation order (ie harassment) or where there are criminal charges. If there are no circumstances such as these then I’m afraid that both you and he can claim access to the property despite the other not wanting to give access. If you were to have the locks changed then he would simply be able to have the changed back and possibly even recover the monies from you.
If you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49
You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions
You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this may be your only option. Obviously, he may invite you to make an offer to buy him out and if you are able to do this by remortgaging then this may be an option too. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.
I am sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Even though the house is 3/4 mine. We bought it off my ex husband - so half was already mine and we took out a mortgage to buy the other half. I wouldnt say there is any physical harrassment - but there is definately emotional and mental harrassment. He has even brought her to the house when i havent been here. And also brought her washing home to do. Ive told him that has to stop - and he hasnt since - but it was only monday i told him that. We also have a joint will - which needs to be changed. Neither of us can afford to buy the other out. The house is on the market - but nothing happening at the moment. This affair has been going on for a year - i found out last may - and told him to go - but he said it was all done and came back - then i found out it was still happening. but i have been told hundreds of lies about so much during the last year.

Expert:  Thomas replied 2 years ago.
Hi,
I'm afraid that his behaviour probably falls short of the standard required for harassment required in order to obtain a non-molestation order, but it is your right to attempt to apply for one if you wish.
I accept that you own the majority of the equity in the house, but this does not exclude or restrict his right to occupy the property. The onyl way that it might is if you executed a declaration of trust which - in addition to stating the percentage equity split - also had a claim which stated that he should not be allowed to occupy the property if the relationship broke down. If I were him I would not have signed a declaration containing this provision, so I expect there is no such clause.
I am sorry.
Kind regards,
Tom
Customer: replied 2 years ago.

No - he didnt sign that. So basically there is nothing i can do to get him out. He stays at her place sometimes - so its not as if he has nowhere to go! - i think hes just waiting until the house is sold incase he misses out - but thats not going to happen - as much as id like to sometimes!! he is very unreasonable about a lot of daily things - and very abusive verbally - but even that doesnt sound as though i have a case to make him leave. Anyway thank you for your help - maybe his concience will make him leave soon.

Thanks again - you have been very helpful.

Expert:  Thomas replied 2 years ago.
Hi,
Let's hope so. If you wish to be absolutely certain of whether his behaviour reaches the standard required for a non-molestation order then you can make a diary of it and then take it to a local solicitor for a view on whether the detailed behaviour does reach the standard and take it from there.
Good luck.
Kind regards
Tom
Customer: replied 2 years ago.

Thanks again - is there anyway i can keep your answers on line to look at again?

Expert:  Thomas replied 2 years ago.
Hi,
I think you will be able to log back in to have a look later..
Tom
Customer: replied 2 years ago.

Ok - thanks for that! - and thanks again for your help - it has been very informative - not what i wanted to hear - but helpful all the same!!

So thanks again

Lyn

Expert:  Thomas replied 2 years ago.
You're welcome, Lyn.
Tom
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7569
Experience: UK solicitor
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