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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I own a house 50/50 with an ex partner- I was living in our other house which is now sold

Customer Question

I own a house 50/50 with an ex partner- I was living in our other house which is now sold as we had agreed our financial split. However he wont agree on the financial split now, he is living with his new and partner and baby in her house. I am now homeless as we cant release our funds from the sale as he wont agree ...I have a baby and have married since the split. We are living with my parents in their small house....whilst he rents out our other joint property and gets the profit. I want to terminate the contract so we can at least move in there and are not settee hopping...what can I do to action this as he is saying he isn't going to let me move into our house?
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDid you agree to this tenancy on the joint property?
Customer: replied 2 years ago.
No I did not.
Expert:  Clare replied 2 years ago.
Is the letting made via an agency?
Customer: replied 2 years ago.
Yes it is -
Expert:  Clare replied 2 years ago.
I am sorry you did tell me thatSince you are an owner of the property and did not agree to the tenancy then you are not bound by it and can re-enter the property at will.I suggest that you point out to the agent that giving notice is better for his reputation than your moving in would beAt the same time you shoudl take the necessary steps to apply to the court for an order for the sale of the property so that the matter can be brought to an end sooner rather than laterThe details are here ask if you need further detailsClare
Customer: replied 2 years ago.
Hi Clare, I have put this to the estate agent and she is refusing to serve notice as she says she has consulted a "judge friend" who has told her she has done nothing wrong and that the dispute is between me and my ex and she isn't to get involved.
Is it true that because my ex did not state that he did not have my permission that it is between us and not the agent and therefore I cant realistically do anything?
Expert:  Clare replied 2 years ago.
Not at allI suggest that you notify her that you will be attending the property on a fixed date when you will change the locks and issue the tenants with new keys and inform them that you have the right to re-enter the property whenever you wish.