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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a joint morgage with my nana and the relationship is

Customer Question

Hi i have a joint morgage with my nana and the relationship is broken down she refuses my entry or have any involvment in our home She lives their with her husband he isnt on the morgage and he doesnt pay rent or contribute. This has been ongojng for 4 years now and i have had enough can i charge him rent or remove him from our home and how do i go about it thanks.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Email address is***@******.*** thanks
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Whose name is ***** ***** of the property in?

-Who is paying the mortgage?

-Are you also living in the property?

Customer: replied 1 year ago.
The property title is myself Craig Sheridan and Majorie Kirkwood we both split the payments of the mortgage. Marjorie Kirkwood and her husband Cameron Bridges are previously living their and have both lived at the property from us taking on the mortgage. Marjorie has barred me entry to our home and will not allow me to have any involvement over a family argument that did not involve myself. Our mortgage is tenancy in common I need legal advice on what my options are as I feel like what is happening with my home is unfair. Please can you give me as much information to what I have discussed I look forward to hearing a reply. Thank You Craig Sheridan.
Customer: replied 1 year ago.
Hi can let me no when ur responding to my issues plz thank you
Expert:  Harris replied 1 year ago.

Apologies for the delay in replying. As you are named on the title you have a legal interest in the property and will be legally allowed to return, enter and occupy it unless there is a court order in place excluding you from the property. As she lives there with her husband he would have matrimonial home rights to live there and there is no legal requirement for him to pay towards it. However, he would legally only be entitled to seek a claim against her share. You therefore cannot remove either of them from the home unless you apply for an occupation order to court which will remove them both.

You may also wish to consider selling your share to them so that you can realise your interest, and if there is no agreement to your proposal you would be entitled to apply to court to force a sale of the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.