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URGENT ADVICE NEEDED - Seperation, house laws
Hughesy84
Posts: 512 Forumite
Can anyone help me?
My dad and his wife has split, she did a flit, took over half of the house contents and got a rented property.
The mortgage is joint names. Since she has gone, we have paid everything...just not her personal debts (which she is refusing to pay anyone). She has requested a key, which we havent done (i know she is legally entitled to one). So she can break an entry at any time we know.
Now then house laws - If he wants his son to move in with him...Can he?!
Also if he does...how can the son protect what he owns so that she doesnt come and take anything of his?!
Thanks in advance
My dad and his wife has split, she did a flit, took over half of the house contents and got a rented property.
The mortgage is joint names. Since she has gone, we have paid everything...just not her personal debts (which she is refusing to pay anyone). She has requested a key, which we havent done (i know she is legally entitled to one). So she can break an entry at any time we know.
Now then house laws - If he wants his son to move in with him...Can he?!
Also if he does...how can the son protect what he owns so that she doesnt come and take anything of his?!
Thanks in advance
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Comments
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Also 1 more thing...she wants a key, but obviously my dad CANNOT trust her - she might wipe him out totally - what can he do?
He is willing to allow her access when he's here but she just says 'I want a key'.0 -
If the house is in joint names she can come and go as she pleases.Nature wants the human race to survive. However, it does not depend on us because we are not its only invention.0
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Even if she is 'aggresive' towards the son...and has already cleared over half of the house??
Is there no sort of agreement that he can force?!0 -
anyone?!?! Please0
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Try the CAB.Posts are not advice and must not be relied upon.0
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Are they open now?! It needs to be done ASAP!!0
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No idea of the actual legals but.... seems to me that if she's not contributing to the mortgage then she has no right to a key anyway. Plenty of couples split and the one left behind changes the locks to make sure that the other party is not able to return.
Seeing as she's already taken her half of the furniture then unless there's a large amount of equity in the property, to which she presumably will be entitled her share, then she's done.
Next logical stage would be to get her name taken off the mortgage (if there is some equity, presumably she'll want 'paying off') and then your dad can do whatever he likes.
PS: Don't understand why you/your dad is paying 'her personal debts'? Leave them to her, unless they're in joint names of course.Make the most of everything in life (especially Avon
)0 -
MarsdenCuckoo wrote: »No idea of the actual legals but.... seems to me that if she's not contributing to the mortgage then she has no right to a key anyway. Plenty of couples split and the one left behind changes the locks to make sure that the other party is not able to return.
Seeing as she's already taken her half of the furniture then unless there's a large amount of equity in the property, to which she presumably will be entitled her share, then she's done.
Next logical stage would be to get her name taken off the mortgage (if there is some equity, presumably she'll want 'paying off') and then your dad can do whatever he likes.
PS: Don't understand why you/your dad is paying 'her personal debts'? Leave them to her, unless they're in joint names of course.
He isnt paying her debts - just his.
No equity in the house either.
You say "if she's not contributing to the mortgage then she has no right to a key anyway" - is there any truth/ law in that?
All im hearing is....its her right to a key......what about his rights?!0 -
Get a piece of paper and make a few notes of the likely consequences if he doesn't give her a key.
Also consider the 'reasonableness' factor. She's got another place, he isn't denying her shelter.Posts are not advice and must not be relied upon.0 -
If you believe she is about to commit a crime ( such as theft of belongings that are not hers for example) then the police should be involved.
Is your father particularly vulnerable?:beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
Theres no dollar sign on piece of mind
This Ive come to know...
So if you agree have a drink with me, raise your glasses for a toast :beer:0
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