anyone know about property law??
#1
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anyone know about property law??
i moved out of my jointly owned flat 3 months ago. Me and my ex bought it but have now split up. I have been paying half the mortgage and she has been living there.
She is now refusing me access to the place and has reported me to the police claiming I am harrasing her (not true but police have to take this seriously).
I want to sell the flat but she is saying she wont let me as the property has lost value over the last 2 years and dont want to lose money.
Does anyone know where i stand about going into the flat seeing as its actually half mine still and i still have belongings there?
Or what i can do about selling the place and how much its could cost if it goes through the courts?
She is unable to take over the mortgage herself as its a 150k mortgage and she dosent earn enough.
Any info would be great as its costing me 500 quid a month just so i dont get marks against my credit rating.
She is now refusing me access to the place and has reported me to the police claiming I am harrasing her (not true but police have to take this seriously).
I want to sell the flat but she is saying she wont let me as the property has lost value over the last 2 years and dont want to lose money.
Does anyone know where i stand about going into the flat seeing as its actually half mine still and i still have belongings there?
Or what i can do about selling the place and how much its could cost if it goes through the courts?
She is unable to take over the mortgage herself as its a 150k mortgage and she dosent earn enough.
Any info would be great as its costing me 500 quid a month just so i dont get marks against my credit rating.
#2
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i moved out of my jointly owned flat 3 months ago. Me and my ex bought it but have now split up. I have been paying half the mortgage and she has been living there.
She is now refusing me access to the place and has reported me to the police claiming I am harrasing her (not true but police have to take this seriously).
I want to sell the flat but she is saying she wont let me as the property has lost value over the last 2 years and dont want to lose money.
Does anyone know where i stand about going into the flat seeing as its actually half mine still and i still have belongings there?
Or what i can do about selling the place and how much its could cost if it goes through the courts?
She is unable to take over the mortgage herself as its a 150k mortgage and she dosent earn enough.
Any info would be great as its costing me 500 quid a month just so i dont get marks against my credit rating.
She is now refusing me access to the place and has reported me to the police claiming I am harrasing her (not true but police have to take this seriously).
I want to sell the flat but she is saying she wont let me as the property has lost value over the last 2 years and dont want to lose money.
Does anyone know where i stand about going into the flat seeing as its actually half mine still and i still have belongings there?
Or what i can do about selling the place and how much its could cost if it goes through the courts?
She is unable to take over the mortgage herself as its a 150k mortgage and she dosent earn enough.
Any info would be great as its costing me 500 quid a month just so i dont get marks against my credit rating.
#3
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I would go and see a solicitor and see where you stand . I wouldnt tell the mortgage company yet as there still recieving payments off you both so they wont be bothered as long as there getting paid . Solicitors are pricey but advice is free , at least you would know where you stand and it will probably end up going to court .
#4
............
Basically, she cant deny you access.
However, it cant be sold unless both parties are in agreement, if she dont wanna sell then you're going to have to lump it or find a way of buying her out.
Been there, done it, got the t-shirt and the mental scars. Luckily the house market was going in the right way for me, but i'd always paid the bills, other half thought she was gonna walk with half the profits. i had to up my game to hold on to my invetment
Silly bint
Tough position for you, hope you can work something out. Best thing would be to move back in and force things to a head IMO
However, it cant be sold unless both parties are in agreement, if she dont wanna sell then you're going to have to lump it or find a way of buying her out.
Been there, done it, got the t-shirt and the mental scars. Luckily the house market was going in the right way for me, but i'd always paid the bills, other half thought she was gonna walk with half the profits. i had to up my game to hold on to my invetment
Silly bint
Tough position for you, hope you can work something out. Best thing would be to move back in and force things to a head IMO
#5
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Go round kick her in the C**T, run inside then shut her out, job done!
seriously though mate get a solicitor involved, they should sort out the money side. unless you agreed when signing the deeds that everyting was split 50-50 theres a good chance you will come out better off in court if it turns out she is in the wrong. As for gettin into the flat your probably best to send a mate round or a relative to get your stuff. Is there anyone in her family you are good mates with?
seriously though mate get a solicitor involved, they should sort out the money side. unless you agreed when signing the deeds that everyting was split 50-50 theres a good chance you will come out better off in court if it turns out she is in the wrong. As for gettin into the flat your probably best to send a mate round or a relative to get your stuff. Is there anyone in her family you are good mates with?
Last edited by h8ckyRST; 17-05-2009 at 03:11 PM.
#6
PassionFord Post Whore!!
Be very careful what you do.
Friend of a friend split with his Wife.
She moved out, and they agreed to divorce and sell the house.
He stayed in the house.
She moved into a flat with a Guy 20 years younger.
Friends friend didn't know about the new guy and went to the new flat to discuss the house price for selling.
He caught them walking into the flat, got slightly annoyed and pushed the guy to the floor, with his fist.
G.B.H charge brought against him as a result.
His wife got an injunction stopping him from being near her or contacting her as she "feared for her own safety"
A few weeks later Friends friend wrote to HER solicitor saying there was an offer on the house, would she agree to the price.
He got immediately arrested for contempt of the court order, sent to jail and was remanded until the GBH hearing which took quite a while.
He lost his job, couldn't pay the mortgage and had the house repossessed.
He was convicted of GBH but had been locked up for longer than the sentence so got released at the hearing.
No job, no car (was company car) no house, no wife no possessions as she sold them all.
.
Friend of a friend split with his Wife.
She moved out, and they agreed to divorce and sell the house.
He stayed in the house.
She moved into a flat with a Guy 20 years younger.
Friends friend didn't know about the new guy and went to the new flat to discuss the house price for selling.
He caught them walking into the flat, got slightly annoyed and pushed the guy to the floor, with his fist.
G.B.H charge brought against him as a result.
His wife got an injunction stopping him from being near her or contacting her as she "feared for her own safety"
A few weeks later Friends friend wrote to HER solicitor saying there was an offer on the house, would she agree to the price.
He got immediately arrested for contempt of the court order, sent to jail and was remanded until the GBH hearing which took quite a while.
He lost his job, couldn't pay the mortgage and had the house repossessed.
He was convicted of GBH but had been locked up for longer than the sentence so got released at the hearing.
No job, no car (was company car) no house, no wife no possessions as she sold them all.
.
#7
Advanced PassionFord User
break in mate as i dont think you can get arrested for entering your own premises . do it when shes not there and take a locksmith with you and get him to change the locks and dont let the bitch in , then call the police when she kicks off
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#8
10K+ Poster!!
I doubt very much I'd be taking much of the advice given on here so far!
Get booked into a Solicitor so you then know whats what. There's a lot of people on here that know the price of everything and the value of fuck all.
I hope it works out for you as it can't be easy subsidizing someone else's life.
Get booked into a Solicitor so you then know whats what. There's a lot of people on here that know the price of everything and the value of fuck all.
I hope it works out for you as it can't be easy subsidizing someone else's life.
#9
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been there gets messy i got fleeced for 1000's and a brand new car 2 ccj's all because she moved out and crept back while i was out and nicked the post every day so see a legal aid asap and put a stop to it its half yours the OB cant do nothing to stop you enterin the place
#10
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been there,but i stayed in the house and refused to move out until it was sold-i just annoyed the fuck out of her until she agreed to sel it jointly and when it sold got chq from solicitors for my half of the profit.
#11
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apparently the police told her to change the locks.
I will be seeing a solicitor this week so hopefuly will find out where i stand. I have most of my stuff, its just bits in the loft really left now.
More annoyed about trying to sell the place.
Cant see how i cant be forced to pay for a flat i dont live in untill she decides otherwise.
I'll talk to the mortgage company tomorrow too and see what they say.
Cheers for the advice so far, I'll post up when i get more info
I will be seeing a solicitor this week so hopefuly will find out where i stand. I have most of my stuff, its just bits in the loft really left now.
More annoyed about trying to sell the place.
Cant see how i cant be forced to pay for a flat i dont live in untill she decides otherwise.
I'll talk to the mortgage company tomorrow too and see what they say.
Cheers for the advice so far, I'll post up when i get more info
#12
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The mortgage company won't give a fig as long as the mortgage is being paid.
See a solicitor straight away as if she is playing the 'scared for her saftey' card, then you will need to protect yourself and possessions from a legal perspective.
Unless she starts to play ball, both of you could end up shelling out stacks in legal fees!
See a solicitor straight away as if she is playing the 'scared for her saftey' card, then you will need to protect yourself and possessions from a legal perspective.
Unless she starts to play ball, both of you could end up shelling out stacks in legal fees!
Last edited by northerner; 17-05-2009 at 05:47 PM.
#13
PassionFord Post Troll
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Be very careful what you do.
Friend of a friend split with his Wife.
She moved out, and they agreed to divorce and sell the house.
He stayed in the house.
She moved into a flat with a Guy 20 years younger.
Friends friend didn't know about the new guy and went to the new flat to discuss the house price for selling.
He caught them walking into the flat, got slightly annoyed and pushed the guy to the floor, with his fist.
G.B.H charge brought against him as a result.
His wife got an injunction stopping him from being near her or contacting her as she "feared for her own safety"
A few weeks later Friends friend wrote to HER solicitor saying there was an offer on the house, would she agree to the price.
He got immediately arrested for contempt of the court order, sent to jail and was remanded until the GBH hearing which took quite a while.
He lost his job, couldn't pay the mortgage and had the house repossessed.
He was convicted of GBH but had been locked up for longer than the sentence so got released at the hearing.
No job, no car (was company car) no house, no wife no possessions as she sold them all.
.
Friend of a friend split with his Wife.
She moved out, and they agreed to divorce and sell the house.
He stayed in the house.
She moved into a flat with a Guy 20 years younger.
Friends friend didn't know about the new guy and went to the new flat to discuss the house price for selling.
He caught them walking into the flat, got slightly annoyed and pushed the guy to the floor, with his fist.
G.B.H charge brought against him as a result.
His wife got an injunction stopping him from being near her or contacting her as she "feared for her own safety"
A few weeks later Friends friend wrote to HER solicitor saying there was an offer on the house, would she agree to the price.
He got immediately arrested for contempt of the court order, sent to jail and was remanded until the GBH hearing which took quite a while.
He lost his job, couldn't pay the mortgage and had the house repossessed.
He was convicted of GBH but had been locked up for longer than the sentence so got released at the hearing.
No job, no car (was company car) no house, no wife no possessions as she sold them all.
.
#14
PassionFord Post Whore!!
#15
............
apparently the police told her to change the locks.
I will be seeing a solicitor this week so hopefuly will find out where i stand. I have most of my stuff, its just bits in the loft really left now.
More annoyed about trying to sell the place.
Cant see how i cant be forced to pay for a flat i dont live in untill she decides otherwise.
I'll talk to the mortgage company tomorrow too and see what they say.
Cheers for the advice so far, I'll post up when i get more info
I will be seeing a solicitor this week so hopefuly will find out where i stand. I have most of my stuff, its just bits in the loft really left now.
More annoyed about trying to sell the place.
Cant see how i cant be forced to pay for a flat i dont live in untill she decides otherwise.
I'll talk to the mortgage company tomorrow too and see what they say.
Cheers for the advice so far, I'll post up when i get more info
#16
Carbon Crazy
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get proper legal advice and also back it up with advice from CAB so you know your not being had by your solicitor to fund his pension trust fund
So she dont want to sell the house because it will make a loss, yet she still wants to live in it and expects you to pay towards it?? is she on crack??
Could the place be rented out to solve the problem? then the rent plus an affordable contribution from each of you should cover mortgage and you can sell and split 50/50 (or whatever is appropriate) when the market picks up in a few years.
So she dont want to sell the house because it will make a loss, yet she still wants to live in it and expects you to pay towards it?? is she on crack??
Could the place be rented out to solve the problem? then the rent plus an affordable contribution from each of you should cover mortgage and you can sell and split 50/50 (or whatever is appropriate) when the market picks up in a few years.
#17
Carbon Crazy
iTrader: (5)
Of course "all" women must be delicate and vulnerable people, and us men are all bastards and violent they cry about equality and all that yet are happy to play the "vulnerable and weak" card when it gets them something they want. makes me sick!!
#18
PassionFord Post Whore!!
She cant refuse you access for no reason, but now she told the police that bull, in thier eyes she has a reason,she's going about it in the wrong way, you how ever will be seen the better person in court if you go the right way.
Go to the solicitors and keep it all legal regardless of what might happen.
Go to the solicitors and keep it all legal regardless of what might happen.
Last edited by st3v3; 17-05-2009 at 07:03 PM.
#20
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Don't ask on Passionford, you need a good lawyer. Just remember that it'll cost. The one I use charges £185 an hour but a couple of hours advice will give you a clear plan and help to decide the best course of action.
The best advice anyone can give you for the health of your wallet and your sanity is try to work it out between you and don't use a lawyer.
Charlie
The best advice anyone can give you for the health of your wallet and your sanity is try to work it out between you and don't use a lawyer.
Charlie
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