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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17553
Experience:  I have been practising for 30 years.
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Me and My Partner are About to Split up... At this Moment he

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Me and My Partner are About to Split up... At this Moment he has left the Housebut is Threatening to Come Back in the Home As He Has the Right as his Name is ***** ***** Mortgage??? Is that True ?? Can I Stop This??? Or By Law Do I have to Let him Back in Even though I don't Want him here??
JA: Where are you? It matters because laws vary by location.
Customer: Huyton Liverpool
JA: What steps have you taken so far?
Customer: None except I phoned the police to say he Threatened me and my Father before he left
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thats it thank u

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

are you joint or tenants in common?

is it only his name on mortgage? what about deeds?

can you afford to pay mortgage?

what did he do to threaten you?

any children under 18 in property?

F E Smith and 5 other Law Specialists are ready to help you
Customer: replied 12 days ago.
We are Not Married... The Mortgage is in Joint Names... I Pay the Mortgage Each Month .He just Threatened to Get Abusive and Beat us up. And I have no Children

The house is jointly owned and he can indeed come and go as he likes.

Indeed, if you lock him out he is entitled to break in and charge you for the damage.

He would be better using the locksmith to minimise that damage but charge you for it.

He would also be well advised to get the police to attend so that you cannot allege violence.

If he is threatening violence on the other hand you can apply to court for a non-molestation order to prevent him coming within 100 m of you and an occupation order for him to move out of the house.

Here are the government webpages on exactly this subject.

There doesn't actually have to be physical violence per se because there can be coercive behaviour for example as you will read in this excellent article:

However it’s only going to give you a short-term solution because he’s going to want the property sold.

No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

I am glad to help.

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