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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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If a house is in joint ownership and one member damages it

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If a house is in joint ownership and one member damages it deliberatly who is liable for the repairs ?

Can you give me some further details please?

Customer: replied 3 years ago.

my brother and i have joint ownershjp of my late mums house and he has not got a key to the property and has told me that he intends to brake in .i just need to know if i whould be responsible for half the repair cost if he did ?


Thanks for your patience.

I’m afraid that if you are both the owners of the property then each has a right of access to the property that neither can deny the other until there is a court order which states that one should not have access. The court order would usually be pursuant to criminal or civil proceedings.

Therefore, in the absence of the court order your brother has a right of access to the property. In actual fact, if were able to prove his ownership of the property by producing the land registry registered title showing him as joint owner then a locksmith would be able to change the locks. He could then recover the monies from you.

In the circumstances it would be best to let him have access unless there are other cirucmstances of which I am not aware. If you are concerned that he may take items which are included in the estate, sell them and not account for the value then you may consider taking the items and placing them in storage.

I am very sorry.

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Kind regards,

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