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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a mortgage on a house with a person whom i used to be

Customer Question

I have a mortgage on a house with a person whom i used to be in a relationship. This relationship broke down 2 years ago, he left the house, but i continued to live in the house, and am currently still living here. We have both equally contributed to the mortgage however.
He is now trying to force me to move out of the house so we can rent the entire house out. I however do not want to do this as i am not in a financial position to cover the excess after the rent we receive for the house, while also having to pay rent for myself to move somewhere else.
I have agreed to look for a tenant but the amount he is looking for is totally unreasonable .
What are my rights in this situation?
He is also threatening to move back into the house and take over my current bedroom as this is the biggest bedroom, and insist i move into the smaller bedroom. I also since our break up got a dog, which is a house dog, and he is threatening that if he does move back in , the rules regarding my dog, as in being a house dog, will change.
Has he got the right to carry out any of these threats?
Any help you could give me would be greatly appreciated.
Submitted: 1 year ago.
Category: UK Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.
Yes I am prepared to wait some more time for an answer.
Expert:  Fran-mod replied 1 year ago.
Hello Niamh,

Thank you for your patience. We will continue the search for a Professional for you.
Expert:  Thomas replied 1 year ago.
Hi,

What, ideally, would you wish to happen here?

Are you both named as owners of the property on the land registry title for the property?

Tom
Customer: replied 1 year ago.
Yes we are both joint owners.
I ideally want to take in a tenant, myself continue to pay half the mortgage, and for my ex to pay whatever is left over after the tenant pays rent.
I would also like to know what rights I have as regarded what I asked in my initial email?
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

I’m afraid that if he is named on the registered title to the property with you then he still has the same right to occupy the property as you do. You cannot deny him access simply on the basis that he has vacated the property and he could move back in at any time. Similarly he cannot force you out of the house in order to rent the property out and you can dispute him attempting to do this on this basis. He cannot force you out of the property without a court order and this would involve litigation. He is also at liberty to apply for an order for sale (though it would take time) from court if you cannot buy him out.


I doubt his ability to force your dog out of the house, though frankly the dog issue is one which the courts would expect you to resolve on your own on the basis that reasonable people should be able to come to a compromise on the dog issue.

Ultimately, it would seem sensible for one of you to buy out the other to avoid these problems in the future but you would need to receive a mortgage offer in your sole name to do this.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.
Unfortunately the house is in huge negative equity so it is not feasible for us to sell the house, or one buy the other out.

I am not trying to stop him moving back in, as I know he has full rights to live there too.
But could you just clarify for me is there any legal way he can force me out of the house in order to rent the entire house out?

Also where do I stand as regards XXXXX XXXXX tenant, if he agrees, but him paying whatever is left on the mortgage, after my half and the tenant's contribution?
Expert:  Thomas replied 1 year ago.
Hi,

The only way that he could even conceviably do this is by applying to Court for an order that you should be evicted. This is not at all likely to be granted where you own the property with him and reside their as your home.

Your liability under the mortgage is joint and several, which means that the lender an pursue either or both of you for the whole amount of the arrears. It is absolutely cruial therefore that between you the mortgage gets paid.

Any tenancy granted over the property must have both of you as landlord. If it does not and he disputes it then you would be liable under contract to the tenant so you could find yourself getting sued. It's for you both to work out. If you can't work it out then you can't let the room unless, again, you have a court order.

You both really need to work this out informally.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

FAO Tom


 


Thank you for your help earlier Tom.


I just have one final question.


My ex has also made threats that he is just going to stop paying his half of the mortgage and leave the country.


I think these may be empty threats but if he was to do this where do i stand legally as regards the mortgage?

Expert:  Thomas replied 1 year ago.
Hi,

The mortgage company won't care that you have/had an agreement with him as to repayments. They will just want the repayments made and will seek to enforce this against both of you by commencing repossession if they are unpaid.

Tom

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