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Question re. joint mortgage

snugglepet20
Posts: 454 Forumite
If you have a joint mortgage with someone and you no longer wish to see or speak to them and you pay the mortgage and they do not live there what rights do they have? Can they come to the property if you do not want them there? Can you get a restraining order if necessary? Can they force you to sell the house or leave? Do they retain equity in the property even if they have not contributed financially? Finally do you need them to cooperate if the house is sold or remortgaged? Help on this is most appreciated.
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Comments
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More to the point, if they are on the mortgage, they will also be on the Title Deeds. So they will legally own the property jointly with you.
You could not sell without their permission unless you got a court order.
Since they own the property, yes, they can come to the property.
Restraining order? You would need a reason to pursuade a judge to grant one. Like they have been violent.
Can they force you to sell? No, but see above.
Equity? Yes. since they jointly own the property, if you sell, they could claim half.
Sale or re-mortgage? Yes, you need to cooperate.
All the above assumes they are joint owners, as recorded at the Land Registry (for £4 you can check here), but it would be highly unusual for them to be on the mortgage but not owner.0
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