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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13194
Experience:  30 years as a practising solicitor.
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Just looking for a bit of advice. My partner and i split up

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Hi, just looking for a bit of advice. My partner and i split up a year ago and he moved out, letting me and my 14 year old son stay in the house. He pays the majority of the mortgage which is a great help. Every now and again he threatens to put the house up for sale. Last night while exchanging texts messages he said remember i have a key for the house and i will get a huge f......surprise ya f..... idiot, watch this space....I found this behaviour intimidating towards me. I just want to know what my rights are. The house is in both our names and i would just like to know what rights i have?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Bellshill, North Lanarkshire
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no, i just wanted advice on what i should do because i don't want him coming and going in the house when he pleases.

Thanks for your question. I am a solicitor in Scotland. As a joint owner of the house he does have a right to enter the house as things stand at present. However given the terms of his text, which is intimidating, you could, if there is a past record of behaviour like this on his part, ask a court to interdict him from coming near to the house if it is likely that he will harass you in any way. A joint owner alsways has a right to enter property or indeed to insist on its sale unless the court says otherwise in the interests of the other party and children of the relationship. I hope that helps. Please leave a positive rating so that I am credited for my trim.

Customer: replied 9 months ago.
Thank you so much for your quick response, it has been most helpful. I will take on board what you have said but at least i know where i stand. Thanks once again.

Your welcome. Don’t forget to leave a positive rating on the system so that JustAnswer credits me for my time.

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