Joint Mortgage Holder has changed the locks !!

bungee316

I am currently tied into a joint mortgage but have been looking to get out of it for the last 9 months in order to move in with my fianc!e. Following months of false promises, I eventually came to an agreement with the other party that he would take on the cost of the mortgage and all bills until he was able to change the mortgage to his name. I have now moved in with my fianc!e and everything seems ok. However, I went round to the flat I own to collect any mail today and I find the locks have been changed. I have challenged the other party on it and he informs me his dad "broke" the lock and he would let me know when the key was cut. I then offered to get it cut myself but was then told that "I dont see why you would need a key anyway".

I know I still own the house and therefore am entitled to access. But can anyone inform me where I stand legally on this issue ???

Jowo_2

Sounds complex and you'd be better off seeking professional advice from a solicitor or free advice from Shelter.

Set up a mail forwarding service with the Royal Mail.

On the one hand, joint owners are entitled to access the property. On the other you appear to have promised the other owner exclusive possession.

I'm not surprised the other owner has taken steps to ensure their peace isn't disturbed by someone whose primary residence is established to be elsewhere when they are paying in full for it and expect it to transfer into sole ownership. On the other hand, I don't know the legal position and your entitlement to access but suspect you still can.

This tends to be a civil matter where you need to get a court order to regain access if not given - the Shelter website has info on this, think its in the section on disputes and relationship breakdowns.

poppysarah

Why can't he get mortgage put in his name only *now*?

bungee316

seemingly he has been advised by a solicitor with his current financial situation which will improve soon, he would not get approved

Gorgeous_George

You shouldn't need a key and I fully understand why the locks have been changed. You don't live there anymore.

The other party is paying the mortgage and all the bills. I suggest you ask Royal Mail to divert your mail to your new home and seek advice regarding removing your name from the mortgage/deeds of the first house.

I wouldn't give you a key.

GG

bungee316

But i still own the property. Surely i have a legal right of access.

poppysarah

bungee316 wrote: »

But i still own the property. Surely i have a legal right of access.

You'll have to see a legal man about that.

Why can't he get mortgage put in his name only *now*?
and then there'd be no problem.

If he can't then it must be sold?

gmgmgm

Have you been denied access????

It sounds as though you're very keen to "know your rights" but they seem irrelevant here. You've moved out. Wouldn't you like to have a bit of privacy where you live?

Legally you probably do have a right of access, but can't you just make a friendly telephone call if/when you need to go around, instead of thinking about solicitors at the drop of a hat?

vaporate

I smell jealousy with the guy who changed the locks, probably knowing mail hasn't been diverted to your new address.

As other posters have said, it's a civil matter so take legal advice.

bungee316

i guess, its got messy. The real issue is i'm worried he wont get the flat transferred into his name since he has everything he wants with my name still attached to the mortgage. I would sell but I know i need him to agree to that and he simply wont do it. I know there is no way to force it.

Cannon_Fodder

You have moved in with your fiance, so why would your mail still go to your old address?

Setup postal redirection, if you cannot be bothered to write to all your correspondees...

I presume there is negative equity in the house, otherwise you would have asked for a lump sum rather than just let him pay the mortgage, so be grateful he doesn't sell and get the Bank to come after you for half the shortfall...