Can my EX rent our old house without my consent ?

mrsides

Hi

Can my ex partner legally rent out our former jointly owned home, without my consent ?

I am on the mortgage of our former home and we are currently dealing with solicitors to settle our finances. I moved into a rented house and am trying to fight a bully who is controlling all our former assets and refusing to settle, so it looks like a court battle ! But I would of though I have a say in allowing a tennancy agreement to be set up on a home I own ? As I would prefer this didnt happen so the financial split cant be dealt with quickly.

Thanks

GDB2222

Umm, how much of your joint wealth do you want to spend on fighting this? That is really the problem here. You could easily spend it all, and more, on lawyers.

If you are a joint owner of the property you have to be on the letting agreement, but actually enforcing that could be a problem. Also, not renting the house out means less money to split between you. It could mean the mortgage not being paid, a repossession, and you being liable for a chunk of the mortgage even after the house is sold.

You need to distinguish between the bullying behaviour that you obviously resent (and rightly so) from sensible behaviour dealing with the joint finances even if that is not being done in a tactful way.

silvercar

If you are joint owner, you are allowed to move back in if you wish. Your ex could then be sued by the tenant for breaching the tenancy agreement he has made with the tenant - I doubt living with one of the owners provides for "quiet enjoyment" of the property.

Whether this actually helps you deal with your ex I doubt, but I would certainly take legal advice on whether you are entitled to half the rent as co-owner.

50plusabit

You must tell your solicitor, if they are any good they will be able to do sopmething.