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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Our son has a problem with a property.Some history,

Resolved Question:

Hello, our son has a problem with a property.
Some history, our son and his girlfriend at the time purchased (19/12/08) a part buy/part rent on a ground floor flat,
Both the son and girl friend are named on all agreements and hence both responsible.
30% of the purchase price was mortgage
70% was rent
There is also a monthly outgoing for building insurance
There is a standing yearly maintenance chargeSadly the relationship ended on 02/09/13 due to the girl friend being unfaithful, also at the time it was discovered that the girl friend had not being paying the house commitments that she was responsible for and as a result debts had built up.The debts were cleared by us the sons parents, there was not assistance from the girl friend, she just moved out.Our son has continued to pay the full cost of the flat commitments by himself from the 02/09/13 even though 50% of the cost should be paid by the ex-girl friend.Recently, the ex girl friend has been asking about the flat, namely, she wants to be bought out as she wants to be removed from the commitments, things have got a bit nasty, she has threatened to come and change the flat locks when the son is at work, and last night there was and ugly scene when she turned up at the flat and issued threats.As you can guess this situation needs to be resolved.The girl friend is demanding money even though she has not paid any of the commitments since 02/09/13 and also there is a debt owed from when she moved out. Our son needs to know his rights and where he stands to enable things to be resolved, he wants to stay in the flat but will not have the funds to buy her out can he use the money owed in exchange for the equity in the flat and pay the difference, can the ex-girlfriend have a charge put on the mortgage, can she change the locks, it is all a bit worrying.Can you helpRegardsAngus
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Angus Welcome to Just Answer I am a Solicitor and will assist you. I am sorry to hear about the difficulties that your son is experiencing with his ex. Please may I ask - do you know if your son and his ex are joint tenants or tenants in common? Kind Regards Caroline
Customer: replied 1 year ago.
I am not sure l think that they are joint tenants.
Since l posted the question on justanswer the situation has got worse the ex-girl friend is now harassing our son with constant text messages and phone calls, the situation got so bad that he had to change his phone on Sunday and get a new mobile number.We have looked back at the mortgage and rent out son has paid since she moved out and the total cost is £25,000 is the ex-girlfriend liable for 50% of that as she is named in all agreements jointly with our son?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. I am sorry to hear this. In respect of the behaviour that this ex is exhibiting - your son should be calling the police and what she is doing. Whilst she is technically (by being a joint owner of the property) entitled to a share of the property - she is still going about things the complete wrong way and therefore your son does need to call the police and ask them to at least warn her in respect of her current behaviour. In respect of the locks - as a joint owner - she technically does have a right to live there. Whilst this is the position - consideration should be given by your son to applying for an occupation order to prevent her from exercising her right to reside in the property should she try and return. As a Joint owner of the property - she could also choose to change the locks if she wanted too - that being said if she did this - she would have too provide your son with a new sets of keys so that he could gain access - so it reality it would be pointless for her to do this. Looking to resolve matters long term:- - if she is a Joint Tenants on the Property - then the law presumes that she is entitled to 50% of the equity in the property. - if the is a Tenant in Common then her share would be a set percentage. Either way (but more so if Joint Tenants) given what you have said about the massive disparity in what your son has paid - it is possible for the court to declare what they consider the interest is that both parties have in the property. You should consider mediation to try and resolve this issue wtihout the need for court. Google family mediation in your area and give them a call to get the ball rolling. If matters cant be agreed at mediation - then your son should apply to court for the court to declare his interest in the property - then agreement can be reached to buy her out for any interest the court may consider that she has. Do also consider severing the Joint Tenancy - if they are - otherwise if something was to happen to your son - then the house would automatically pass to his ex if this didnt happen. see this link: https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Expert:  ukfamilysolicitor replied 1 year ago.
Hello I could call at 1pm or 3pm - would either of these times be ok for you? Kind Regards Caroline
Customer: replied 1 year ago.
hi please call at 1pmRegardsAngus
Expert:  ukfamilysolicitor replied 1 year ago.
Thanks Angus - will do. Kind Regards Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 2 other Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Angus It was nice to speak with you. As discussed with you - follow this link to get copy of the property register. Let know when you have this and I will help you as to whether they are likely joint tenants or tenants in common. https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/ In respect of the area of law that covers disputes in relation to properties owned by unmarried couples this is the Trust of Land Act. If matters cant be agreed at mediation then your son can issue an application at his local county court on a claim form Part 8 - so that the court can decide which interest they both own in the property. The court fee is £280. In respect of the non mortgage related debts that she owed - then your son should consider issuing a small claims for the monies she owes him. This link will help. https://www.gov.uk/make-court-claim-for-money/overview As mediation is informal - it can be agreed at mediation that the monies can be offset against the monies she owes - but if she wont agree then the two court applications will be dealt with separately. Please do not hesitate to ask if I can help you further. Kind Regards Caroline

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