How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
Type Your Law Question Here...
James Mather is online now

Hello, I am a joint house owner with my ex-wife, bought it

Customer Question

I am a joint house owner with my ex-wife, bought it years ago and all money paid by myself and she left the property 18 months ago under the threat of repossession and she signed piece of paper by her hand writing to state that she has nothing to do with the house that is when I paid the arrears and carried on paying the mortgage. also I had to spend 10 thousands on house repairs because she left it in miserable state. now after 18 months being out of the house she wants to move back in without paying anything to me any of the damage's cost.
my question: is there any way I can stop her moving in especially she got no key for the house and I got in my house only my stuff and furniture.
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Is she still a joint owner?
Customer: replied 5 years ago.


she signed the piece of paper to state that nothing to do with the house but I have done the change of party application

Expert:  James Mather replied 5 years ago.
Wasn't this dealt with in the divorce proceedings?
Customer: replied 5 years ago.

we were granted the degree nici about 3 years ago

she does not work and got two children who are from previous marriage

Customer: replied 5 years ago.

sorry we have NOT done the change of party application


Expert:  James Mather replied 5 years ago.

I am sorry, I don't understand what you mean? You mean you haven't done the transfer from joint names to your name?


Has she now changed her mind on what was agreed? Why?

Customer: replied 5 years ago.

no we have not changed it from joint names to my name

I did accept she signed her hand written document signed by her to state that all assets are mine and she has no right in the house

after 18 months I dont know why she changed her mind to move back in and wants me to carry on paying the mortgage without at least to pay the cost of the damage she caused to the house while she lived there alone for 2 years

Expert:  James Mather replied 5 years ago.
Why did she live there alone for 2 years. I really do need fine details please.
Customer: replied 5 years ago.

well i didnt want to throw her out or to stop paying the mortgage and she was trying to stay there as long she could before the court of reppossion threatened to evict the property. she then when she knew no way i pay the mortgage she begged me to pay the arrears and she would leave ans wrote the statement to state that she has no rights

Expert:  James Mather replied 5 years ago.
Do you have decree absolute yet for divorce?
Customer: replied 5 years ago.

no not yet

Expert:  James Mather replied 5 years ago.

I still don't know why she lived there alone but presumably you had moved
out for some reason. However it is probably of little consequence.

In which case, this is the marital home and she is free to come and go as
she wishes.

You may have an agreement/letter whereby she agreed to forego any claim in
the house but it is not finally binding because she can always say that she
signed it under pressure/duress or did not know what she was doing or what she
was entitled to.

You are going to have to carry on with the divorce proceedings and decide
what happens with the house between you. That then need sealing into a court
order and, along with the decree absolute it finalises the divorce.

If you had done that before, she would now not be able to come back to the

Can I help further?

Please bear with me today and over any weekends
because I will be online and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my