HiI split from a long term partner of 20 years roughly 2 years ago we have a joint mortgage on the house this hasn’t always been the case a brief historyShe originally moved into the council house late 80s and after a split with her husband I moved in 1990. She then bought under right to buy in mid 90s and was sole mortgagee. We re mortgaged mid 2000s when it became joint and I became responsible for the payment through my bank even though I had been paying my way and also a with a £20,000 cash injection before it became joint. We split 2 years ago and after a short time of living together she moved out to live with her new partner leaving me paying all bills and expenses. She now wants to move back in to allow her more space although she is still in the said relationshipWhat is my legal position regarding making my decision weather to allow her back, do I have to ? Where do I legally stand and what options do I have as I really don’t want to sell or leave my homeRegardsDoug
Optional Information: Province/Country relating to question : uk Somerset Already Tried: none
Hi there. Thanks for your question, I will assist you with this.
Were you/are you married?
Are both your names on the legal title?
not married
yes both names on legal title
Okay. And are there any children involved here at all?
Hello?
she had 3 children by her ex hubby who i brought up as step children all have left home the youngest being late 20s
Okay. Well, if you both are legal owners, the general rule is that you're both entitled to reside at the property because you both own it. Each of you has the same rights as the other to do this.
Generally, where people break up like this, the way forward is to remove the other from the title by buying out their interest (usually funded by way of re-mortgage).
Alternatively, the only other way really is to sell up and start again.
I appreciate this isn't perhaps what you wanted to hear, but I can only give you the information that I think it right.
ok does this apply even if she left of her own accord and left me paying all bills.?
I'm afraid it does. But, if you've been paying more to the mortgage since she left, your financial interest in the home might be greater than hers, but that depends on a number of things, such as what you agreed, the understanding between you etc.... but the principle of selling out to the other remains sound.
what would happen if i refused
She might issue proceedings at Court for access and/or for the property to be sold.
OK thanks for advice
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