Rights to keys of a house jointly owned?? Please help!

[allieeyes]

I jointly bought a house in 2007 with my partner at the time. We both got it into arrears although he blames me entirely (he ignores the fact that he didn't give me his half each month) anyway long story short!

 

Acenden took us to court, was granted an order and we arranged a payment plan... Then in July 2011 I had to get an occupation order out against my ex, this was granted and he was removed from the property. The order was then dropped a month later with attachments due to me finding out I was pregnant and him making me believe that he would change. Then in March 2012 he threatened me with burning the house down if I didn't leave. I had to think of my 12year old daughter so we left. He then subsequently moved in 5 months later and changed the locks.

 

I have not been paying towards the mortgage as I have struggled to find another home for myself and my daughter. I also am living in England now instead of Northern Ireland due to my ex.

 

My question is, do I still have rights to a set of keys to the property and can my ex refuse entry to the property as I fear he may have turned it into a growing factory as he always said he would... Please help!

 

Ps I'm sorry if this thread is in the wrong place, couldn't find a relevant section!

[honeybee13]

Hello there.

 

I'll try moving your thread to the legal forum, as your query doesn't seem to be about homelessness. Hopefully the guys there will be able to help you.

 

My best, HB

[allieeyes]

Hello there.

 

I'll try moving your thread to the legal forum, as your query doesn't seem to be about homelessness. Hopefully the guys there will be able to help you.

 

My best, HB

 

Thankyou! I appreciate that! Xxx

[honeybee13]

I hope it helps. The forum guys should be along later.

 

HB

[raydetinu]

I think you need legal advice.

However if your name is on the deeds you do have a legal right to access and reside there. If you want to go back and think there might be trouble, then call the Police first so they can go with you.

The problem is if there would be any problems of an aggressive nature and the police became involved, one of you would have to leave! usually for 24 hours or so.

If any violence has been used then it is usually the perpetrator that has to go, and if arrested and charged cannot go back. ( Bail conditions ).

[allieeyes]

I think you need legal advice.

However if your name is on the deeds you do have a legal right to access and reside there. If you want to go back and think there might be trouble, then call the Police first so they can go with you.

The problem is if there would be any problems of an aggressive nature and the police became involved, one of you would have to leave! usually for 24 hours or so.

If any violence has been used then it is usually the perpetrator that has to go, and if arrested and charged cannot go back. ( Bail conditions ).

 

 

My solicitor isn't returning my emails and when I ring to speak to her she is busy hence asking on here.

 

Both of our names are on the deeds since the property is jointly owned.

[The Mould]

My solicitor isn't returning my emails and when I ring to speak to her she is busy hence asking on here.

 

Both of our names are on the deeds since the property is jointly owned.

 

You are a joint owner, therefore, have full access rights and occupation rights.

 

Kind regards

 

The Mould

[allieeyes]

You are a joint owner, therefore, have full access rights and occupation rights.

 

Kind regards

 

The Mould

 

So 100% I can ask him for a set of keys and to look round the house and check that the house is being maintained?? Thankyou

[raydetinu]

You can ask, but he may well not give them to you!

If you go there to check, take the Police with you.

[allieeyes]

You can ask, but he may well not give them to you!

If you go there to check, take the Police with you.

 

I didn't think the police would come with me due to it being classed as a civil matter?

[BazzaS]

I didn't think the police would come with me due to it being classed as a civil matter?

 

It is a civil matter but you can ask the police to attend if you fear violence, requesting their attendance on grounds of wishing to prevent a breach of the peace.

 

You need to decide if you think he'll decline you access to the property (or if he's not there when you visit) and if he does what you'll do : the police won't help you gain access if he's not there or if he doesn't answer or open the door (they are there purely to ensure no breach of the peace, not to take sides) but if you have right of entry you could use a locksmith?.

 

Opinions requested : better to formally advise him in advance of the timing of your visit?

 

Edited to add : having read further back up the thread - just asking him for access / a set of keys would be a good start

[The Mould]

So 100% I can ask him for a set of keys and to look round the house and check that the house is being maintained?? Thankyou

 

As has already been stated, the answer to both of your questions is yes.

 

Remember that as a joint owner of the property, although you are not residing there, you are still liable for mortgage payments and any utility bills that are in your name!!!

 

The police will not attend unless you can convince them that your husband has threatened you and that you are in fear of entering your own property based upon his past violence towards you and present threats of causing you harm in you dare enter your home.

 

Why do you want to enter the property, I understand that you are concerned as regards maintenance thereon so as not to reduce the value and any equity in the property; but as advised earlier here by others, do not go there alone!!

 

Make a formal request in writing to husband as regards you visiting the property to ensure that your investment therein is not being affected in the negative by any actions of him, state that you have taken proper independent professional advice as to your position in this matter and that as a matter of law you have full access and occupation rights in the property as a joint owner and that it is your intention to commence divorce proceedings against him with a view to the property being sold to ensure your receive your 50% of the equity after the mortgage and all fees are paid.

 

Why would you want to maintain any ties with this man, other than his right of access to your children?

 

You would be better offer going into a lion's or a wolf's den, because these creatures are not evil, you husband clearly is, he clearly wishes to cause you harm. Do not place yourself in danger, put your children first, they need you and are depending on you for safety and security.

 

Divorce this evil man!!!!!!

 

Kind regards

 

The Mould

[allieeyes]

As has already been stated, the answer to both of your questions is yes.

 

Remember that as a joint owner of the property, although you are not residing there, you are still liable for mortgage payments and any utility bills that are in your name!!!

 

The police will not attend unless you can convince them that your husband has threatened you and that you are in fear of entering your own property based upon his past violence towards you and present threats of causing you harm in you dare enter your home.

 

Why do you want to enter the property, I understand that you are concerned as regards maintenance thereon so as not to reduce the value and any equity in the property; but as advised earlier here by others, do not go there alone!!

 

Make a formal request in writing to husband as regards you visiting the property to ensure that your investment therein is not being affected in the negative by any actions of him, state that you have taken proper independent professional advice as to your position in this matter and that as a matter of law you have full access and occupation rights in the property as a joint owner and that it is your intention to commence divorce proceedings against him with a view to the property being sold to ensure your receive your 50% of the equity after the mortgage and all fees are paid.

 

Why would you want to maintain any ties with this man, other than his right of access to your children?

 

You would be better offer going into a lion's or a wolf's den, because these creatures are not evil, you husband clearly is, he clearly wishes to cause you harm. Do not place yourself in danger, put your children first, they need you and are depending on you for safety and security.

 

Divorce this evil man!!!!!!

 

Kind regards

 

The Mould

 

Thankyou so much for your comment, it comforted me a lot to read your opinion.

 

In terms of me divorcing him, I can't as I was never married to him, it would actually be a lot easier to get away from him if I had been married to him because a divorce is final. I'm stuck in limbo because he won't sell the house and has the mortgage company on his side. He fed them a sob story and a pack of lies and they agreed for him to remain in the house and pay less than half of the mortgage monthly agreement. Due to me not living in Northern Ireland I can't start legal proceedings to try to force a sale as my solicitor in n.ireland has said that it can be a lengthy action and will cost more than normal... Also I may have taken her up wrongly but she said that they had to happen in n.ireland (I don't know whether she means I have to be a resident there??)

 

As for asking my ex in advance for keys or access, I don't want to do that because I fear he is growing illegal plants and I don't want to tip him off and give him a chance of getting rid of them. I'm only home for a short time and thought that perhaps if I caught him off guard and he was growing then I could ring the police an somehow that would go in my favour with the mortgage company and somehow the house could be taken from us. I need away from him financially, I can't fully move on. According to Acenden Mortgages we can't change the mortgage ie change a named person or remortgage due to the mortgage being an old Lehman brothers one and due to them going bust the mortgage can't be altered. My ex won't remortgage on his own because on paper he wouldn't be able to afford it so he needs me on the mortgage to keep the house. I'm stuck with him financially. I'm stuck with him in my nightmares. I'm in fear of asking the local police back home for advice incase they tip him off what with his brother in law being a policeman. I'm at my wits end. I'm trying so hard to move on but he always creeps back into my thoughts as fears. There's no point in me getting a locksmith and changing the locks as he will only change them again when I leave n.ireland. Then again I suppose there's no reason that he won't change them after he gives me a set of keys... I don't know. I just feel trapped and I suppose I was hoping someone on here would have an idea of a way I could fully be free from him once and for all. I don't think I ever will be

[steampowered]

If you think he has turned it into a growing factory then report it to the police in NI. I'm not really sure why you don't want to do that. I can't find of particular reason why his brother-in-law would find out about the report unless he is at the same station (and even then I would guess the police would have a separate drugs team).

 

If you want to get him out you would need some sort of court order, either an order for sale or some sort of domestic order. I'm not sure how this would work in NI. It may be worth asking the mortgage company how much is left on the mortgage so you can work out how much you would get if the house was sold.

[allieeyes]

If you think he has turned it into a growing factory then report it to the police in NI. I'm not really sure why you don't want to do that. I can't find of particular reason why his brother-in-law would find out about the report unless he is at the same station (and even then I would guess the police would have a separate drugs team).

 

If you want to get him out you would need some sort of court order, either an order for sale or some sort of domestic order. I'm not sure how this would work in NI. It may be worth asking the mortgage company how much is left on the mortgage so you can work out how much you would get if the house was sold.

 

 

I have spoken to the police and they said that they won't do anything in regards to searching the house or even questioning him as there is no hard evidence that he's growing and it would be deemed as police harassment. His brother in law works in the local station, even though he wasn't in the same department as was used when the non molesation and occupation order was being served he was still able to tip my ex off. We are in negative equity hence why the mortgage company said yes to his proposal of him staying in the house and paying half of the normal monthly amount due, he's paying £75 per month.

[steampowered]

I see. What result are you looking to achieve here?

 

Are you looking for him to leave the house and for you to take over paying the mortgage at 75 a month? In this case you would need an occupation order. It sounds like you should be familiar with the process since you obtained a similar order back in 2011.

 

If the house is in negative equity, there is nothing to be achieved by forcing a sale. As this is a joint mortgage you would be fully liable for the outstanding debt and Accenden may pursue you for that. If he is paying the mortgage, then ultimately that stops Accenden from pursuing you for repayment. Paying the mortgage will also mean that you will retain a share of the house based on your deposit/repayments, if his repayments ever put the house back into positive equity.

[raydetinu]

You have a daughter, is he paying for her? if his?

From what you have said so far it may be just a matter of letting go until such time as the he decides to sell or move on, if you are not contributing to the mortgage or being chased for it.

[allieeyes]

I just want out of the mortgage and away from him financially but I don't know of any way that this can happen without forcing a sale which I can't afford to do or physically do because I no longer live in n.ireland and I can't leave my job in England to do so incase it does take years

[The Mould]

So £150 per month is the contract rate for the mortgage on the property. You have rights, recognised in law to access and occupy the property, The bloke living there is a bastard, you state that there in negative equity in property; write to mortgage co and state that you refuse to pay any monies due under the mortgage agreement because you arte being deprived of your rights to access the property and occupy the property by Mr xyx.

 

In these circumstances, you have been advised by independent legal professionals to request that your name is removed from the title deeds to the property and that you request they send to you the relevant forms for you to fill out and the fee required to remove your name therefrom.

 

State that you are not willing to pay the required monthly payments due thereon and that you are not willing to pay any monies required to ensure the upkeep/maintenance of the property while your lawful rights to occupy the same are deprived without any legal grounds presented by Mr xyz or their organisation.

 

Please provide a satisfactory and lawful response hereto within 14 days, failing which, you will instruct your legal representative's to commence action to remove your name from said title deeds of said property.

 

There will be a way to release you from this suffocation mess Watson, hold on in there my dear fellow, I am driving the horses at full speed at the moment and I do not spur them.

 

Help is on its way to you, please be patient and watch a funny movie that you and your children can enjoy together.

 

Godzilla

 

Kind regards

 

The Mould

 

221b Baker Street

[allieeyes]

I am hopefully going to go to the house tonight and see if I can get access. I don't know whether I should be hoping for him not to be in or what but at least after I go I will honestly be able to say one way or another as to whether I will be allowed access. Nervous is an understatement. Will keep you updated on what happens and you can keep me on the right path. I just want financial security again which I can't have until I'm off the mortgage.

[raydetinu]

Good luck.

[The Mould]

I am hopefully going to go to the house tonight and see if I can get access. I don't know whether I should be hoping for him not to be in or what but at least after I go I will honestly be able to say one way or another as to whether I will be allowed access. Nervous is an understatement. Will keep you updated on what happens and you can keep me on the right path. I just want financial security again which I can't have until I'm off the mortgage.

 

Please be careful, if you sense any sign of danger, leave immediately. As I said above, there will be a way for your name to be removed legally from the title deeds.

 

 

Don't be fooled into believing this evil bastard any more! You can break free from him Watson, just hang on in there, I am driving the horses at full speed and they have had no rest for over 7 days!

 

Be patient Watson.

 

Kind regards

 

The Mould

 

Who intends to inject a fatal dose of penicillin, legally that is, against the entity that suffocates your life and yours and your children's' enjoyment of such.

[steampowered]

Very good luck with the visit.

 

Regarding your wish to force a sale, I think it is important to remember that this would have consequences. Please review http://england.shelter.org.uk/get_advice/finding_a_place_to_live/Buying_and_selling/selling_a_home/negative_equity. You wouldn't get a penny from the sale as it would all go to the mortgage company. While a sale would remove your name from the mortgage, you would also become fully liable for the difference between the sale price and the outstanding debt. If the amount is substantial the mortgage company is likely to try and recover that from you. The only way I can think of to get away from that debt would be something like a debt management plan or bankruptcy. If this is the route you want to go down you need to think about your strategy for dealing with the debt.

 

In any event, while you should take advice from your solicitor, it may be difficult for the court to make an order for sale without the consent of the lender in a situation like this.

 

The court has no power to order that your name is removed from the mortgage, even if you are denied access to the property. This can only be achieved with lender consent, re-mortgaging or potentially through bankruptcy. The lender should consent if the remaining party (i.e. your ex) is able to meet the repayments, but this doesn't sound likely.

[The Mould]

How much is house worth and what is the mortgage owing thereon?

 

Kind regards

 

The Mould

[allieeyes]

I am just back from visiting. It resulted in him punching me. I rang the police and they came out. But due to the fact that I don't have any marks from where he punched me and he now has a scratch mark on his face from me trying to push him away from me and his shirt is torn because I grabbed onto it when I was falling, the police have stated that there is more evidence that I assaulted him regardless of witness statements. Apparently he won't press charges if I don't. I'm in pieces. All I want to do is have him out of my life completely.