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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am on the mortgage named with my girlfriend of 8years and

Resolved Question:

I am on the mortgage named with my girlfriend of 8years and on land registry and garentour we have split up a few weeks ago she has changed the locks so my key no longer fits and now gone away on a holiday can I legally go into my own property and get my things that belong to me ? I did talk to a solistors before Christmas and he told me that she has to give me cash settlement or sell the house to have my name removed of the mortgage and land registry ,also the police said its a grey area but would not be breaking the law , or can I change locks and give her a key on her return ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As joint legal owner of the property, you are legally entitled to use reasonable force to gain access to the property. Therefore, you are perfectly entitled to get a blacksmith to assist and change the locks.

You are also of course also entitled to remain residing in the property until an agreement has been reached between the two of you as to what should happen to the property. The options are that the property be sold, or transferred into one of your names with the other receiving a cash settlement, representing their share in the property.

If the property were to be transferred into her sole name, this would entail her having to apply to your existing Mortgage Lender to have the mortgage transferred into her sole name, and if they agreed, you both would have to instruct your own Solicitor to deal with the paperwork and the payment due to you.

The Mortgage Lender would assess if she could afford to pay the Mortgage from her own finances, for this to be a viable option. If they do not agree, then the only option open to you would be for the property to be sold. If she did not agree to a Sale, you are entitled to issue Court proceedings to force a Sale, although this would be an expensive job and therefore your last resort.

I hope this assists and answers your question.

Kind Regards

AL

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