URGENT ADVICE NEEDED - Seperation, house laws

Hughesy84

richardw wrote: »

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.

Sorry I dont get what your saying mate?

Her rent is less than her mortgage is here, she did a flit with over half the house contents etc.

What are the rights of the son and his girlfriend staying, is that allowed if the Dad agrees to it?

She is threatening to get a restraining order on them staying....is that possible?

LJM

it all sounds like a nightmare but after reading posts like these before if she is on the morgage then she has a right to the key,just contact CAB and see what they can tell you if not go to the police and ask for their help obviusoly they have to know the law also

xlesleyann

I work for the police (not as an officer) Not sure if you live Scotland or England but in Scotland yeah your dad could change the locks but as long as her name is on the mortgage if she enters the property and takes anything there is no crime being committed unless your dad has proof that what she has took belongs to him i.e receipts.

He is better going to a solicitor. To be honest she is not breaking the law either if she decided to have the locks changed while your dad was out.

From experience of dealing with these types of calls at my work the police would state it is a civil matter unless of course like I said she takes anything that your dad can proof is his.

Hope he gets things sorted!!

MarsdenCuckoo

Hughesy84 wrote: »

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?!

Sorry, misread your earlier post about her debts.

If there's no equity in the house though, strictly speaking she owns half of nothing! Logic also dictates that he has every right to invite whomsoever he wishes to stay in 'his half' of the house anyway......

Think a lawyer is deffo needed to sort this out properly but a good tip would be for your dad to keep proof handy that he's solely servicing the mortgage - just in case.

Good luck.

dipsy

are all the bills. i.e council tax in dads name?

is he claiming single person when infact son living there? - just something she might use?


was it joint house from onset?

or did she move in and then get added to mortgage?

dipsy

really silly idea, but get yr dad to tell her if she dont sling her hook he is going off recapturing his youth by travelling world and she is welcome to the house... and all its debts.. (neg equity), tell her to enjoy but anything of worth will be removed.. i.e. nice kitchen etc sold on ebay and she can have whats left and all its debt.. silly woman

Hughesy84

dipsy wrote: »

are all the bills. i.e council tax in dads name?

is he claiming single person when infact son living there? - just something she might use?


was it joint house from onset?

or did she move in and then get added to mortgage?

House was joint from the outset....council tax (since she left) is in his name only. All other bills are now in his name too, after she cancelled all the direct debits when she left and left everything in arrears.

Me (the son) is not currently living there, however we plan on moving in on wednesday........we are just concerned about that bit and whether or not she can legally stop us from being there??

Is this the right place for the thread? :rolleyes:

thorsoak

I would suggest that for the short term, you hire lock-up storage get all your dad's stuff put there in for the time being, set up a legally-binding tenancy agreement, move the stuff (which you can legally prove to be yours into the house and let her know that as you are legal tenants, she has no right in the house!

wannabe_sybil

Your father's wife, if her name is on the mortgage, has a right to a key and could, in theory move back in. The only way to stop her moving in is something like a restraining order. While her name is on the mortgage she has rights.

I am not sure about whether she could stop you moving in - she could make your life hell if you do, just by coming and going as and when. Why does she object to you moving in? Is it something you could work round?

http://forums.moneysavingexpert.com/forumdisplay.html?f=16

Try posting on housing board (linky if working above should get you there) as that is where the experts on housing lore dwell. Also your father's wife may well have been entitled to half the contents. The contents of the house would have been considered in any divorce anyway.

I think you need legal advice rather than opinions on here. Good luck

timmmers

Change the locks and deny her access...rather than her rob him blind.
Try and avoid contact with her until you sort a better solution out and get advice.

The law may say otherwsie but can she afford to act on that? The police certainly wont.

safe is betetr than sorry.

List and photograph anything valuable just in case too

GL

t