can his ex evict me????

abba1772

my partner and his ex have a flat in joint names via mortgage.

his ex hasn't paid for mortgage for 18 months+ neither has she contributed for any bills. she has since moved out in April therefore house is empty

my partner has asked me to move in with him and of course i will be contributing towards the mortgage and household bills as much as i can. I can't go on the mortgage because i am unemployed but once i get a job i would be happy to get my name on the mortgage but up unitl then if i were to move in would his ex be able to evict me?????

i'm not working at the moment but as soon as i do i would be happy to get my nnme on the mortgage but not sure what i can do

clutton_2

you will only be able to "get your name on a mortgage" if you qualify for a mortgage, if you earn enough, and if you have good credit etc

his ex will always be part-owner of the property until they pay off the mortgage and he gets another one in his or his/your names

abba1772

i have a good credit record i was a self employed childminder before i split with my husband but my landlord won't allow me to work from the house so i was hoping to move in with him and start my childminding again

Fire_Fox

abba1772 wrote: »

i have a good credit record i was a self employed childminder before i split with my husband but my landlord won't allow me to work from the house so i was hoping to move in with him and start my childminding again

It is usually a condition of leasehold flats that you do not run a business from the premises, and often a condition of residential mortgages. You would probably need the permission of the freeholder or management company, as well as the bank to work as a childminder. If you don't get these permissions you may be invalidating the buildings, contents and public liability insurance policies.

mlz1413

If you are living in the house with one of the owners permission then the other owner will struggle to evict you, but they could make life difficult.

The joint owner always has the right to live at the property and so could move in, have a party there, pop in for the evening with friends etc when ever they want.

That said it doesn't sound like the ex wishes to live there so if your b/f and his ex are on speaking terms then get them to discuss this sitution. You also say the flat has empty since April so do they have any agreement on costs? I'm assuming the flat is for sale until sold or either party can re-finance and buy the other out?

Has your b/f paid all the bills or just his half during the empty period? If all he might be able to suggest a deal with his ex for her non payment.

But I would not just move in without having an agreement in place concerning the flat and knowing if you can run a business from there.

DarkConvict

For your information, whilst the ex is on the mortgage she is liable for the full amount just like your partner is. You should either get her to pay up her 1/2, or seek to have her removed from the mortgage and any ownership over the house.

Debt_Free_Chick

DarkConvict wrote: »

For your information, whilst the ex is on the mortgage she is liable for the full amount just like your partner is. You should either get her to pay up her 1/2, or seek to have her removed from the mortgage and any ownership over the house.

Whilst she is jointly liable for the (whole) mortgage, it's not the case that she is required to contribute. In particular, the other joint owner (OPs OH) is occupying all of the property, including his ex's half. His ex is therefore entitled to charge him rent for occupying "her half" of the property. Generally, any rent payable cancels out the share of mortgage due, so no money need change hands - instead, the occupier usually bears all the costs of occupation.

Trusts of Land and Appointment of Trustees Act 1996

HTH