please read homeless again!

nic62

my friend is going threw an awfull i'll have to start from the begin so you can get a clear picture( my spelling is bad so please be kind) she and her ex bought a house 2 yr ago with both names on a morgage after a bad row last year he threw her out of the house took her keys off . there daugther was upstaires in bed she was 18 month old at the time. not wanting her to witness what was goin on my friend left her there went to her mums and the next day went to collect her un known to her he had called the police and had her arrested for assult as wen he had her by the throat she hit him! the only witness that had happend was his mum n dad who had said it was an unprovodic attacked she finally after 5 days got her back and had live in a 1 bed room flat with her parents! she finally got on her feet rented a flat etc but due to the 5 days she had off work while fighting for her child she was sacked from her job ( she had only bn there 2 weeks as it was a new job) after a couple of months she started to allow him to see his daugther again and they had set up a routine.

they started to get along again started dating etc and decided to make ago of it again this was last month last nite she turned up at mine. he had done it agin he had been drinking in the garden with the neighbours and had turned nasty took her keys off her threating her saying he was goin to drag her out of the house etc. she now has no where to go her name is on the morgage but he has been payin it for the past yr on his own as she had to pay rent on a house he has sed that she cant get ne thing from the house as she hasnt paid but we think differntly
what would happen if we changed the locks on the house n threw him out what could happen then? could he do the same?what if his parent are in the house could she kick them out?which could be a possiablity as hes got exams? she can afford the morage etc now but the problem is he put down a rather large chunk on deposit off the house? she also has a debt coze she was out of work for 6months due to loosing her job she couldnt afford the car she got on finance she now paying that back in insulments

i feel so sorry for is ther any thing she can do to keep the house all her clothing and her dugthers belonging r in the house she cant get them! ther bank stament every document she own ne help would be apperciated thanks you

Scarlett1

she need to get legal advise straight away, as her name is on the mortgage she will get something out of the house, but she is also entitled to stay in it, I dont think she is allowed to change the locks but she can ask the inlaws to leave, if your friend cant afford the mortgage then it would be better if her ex bought her out and she went elsewhere to live, get her to put an application in at her local council for housing

nic62

she can afford the morgage but with him bn threating to her ,her and her child r homeless again and he got a 3 bedroom family home! she has even got a change of underwear! ive sed she has to report this to the police so at least then his behavouir has bn logged! she such a wreck its awfull to see her like this she gave up her home she set up to try again. if she can get back into the house can she stop him from goin into the house or is that against the law?

Scarlett1

There is a member named bossyboots on here and she is get at advice on these kind of issues but dont think she is around at the amount, but your friend can move back in but dont know where she would stand in making him leave, but think she should make the police aware of what has been going on incase he does get violent again, plus they can escort her to the house to claim some of her belongings.

You need to get your friend to a solicitor or even the CAB today to get the ball rolling, they will advise her.

Scarlett1

get your friend (or you) to ring shelter as it looks like you can get good advise there


http://england.shelter.org.uk/advice/advice-106.cfm

bluezone

Hi there.

Get your friend to keep a diary for as far back as she can remember with dates and possibly times of his behaviour towards her. She has to tell the police and get entry back into the home even if it is to just get her belongings - I'm sure the police will escort her to the property for this. It may be handy to hve you go with her to the police as backup and support.

Legally she can break a window or generally break in to gain entry to the house as her name is on the deeds (I was told this when I changed the locks, the police said it was a civil matter and that as the house was owned jointly with the OH - he could break into his own house)

The police cant really do much as its a civil matter regarding the house but it would be best to inform them before she does it so that they have it on file for when he reports her - cos by the sounds of him he will!

I hope this is of some help to you.

SSB

Hi
Your friend needs to keep a diary of all incidents and inform the police, she cannot change the locks since the house is in joint names. However, she has the right to enter but ultimately she needs a solicitor to act on her behalf because these matters can get very complicated.
CAB ( I advise there ) can help your friend to get the ball rolling but she will need a solicitor.

nic62

thank you so much well the update at the moment he left a key under the bin so she cud enter the house last time she removed the window took furniture the replaced the window shes kept the key n has got clothes for her n daugther i went with her n he wasnt ther but his dad drove past a few times.she going to keep a dairy as he trying to go round to all her friend so shes going note all of this. she moving back in with her mum. but keeping her name on the house she been told even if her names on it for ten yrs shes still entilled to a pay off even if she doesnt put ne thing towards it and the same the other way round to if she was to stay n he move out! so mess im gratefull im single!

pinkshoes

If he violently threw her and the child out of the house, she should contact the police, as this sort of behaviour would be frowned upon in a court of law.

If the house is in both names, then can they not agree to sell and split 50/50 (or 30/70 to him), or one buy the other out (i.e. he gives her 30% of the equity in the house, or she gives him 70%). She'll need legal advice on this, and should go the the CAB asap.

ceebeeby

nic62 wrote: »

but keeping her name on the house she been told even if her names on it for ten yrs shes still entilled to a pay off even if she doesnt put ne thing towards it !

Why doesn't she just walk away. He put in the majority money, he's paid the mortgage. Okay, it's the family home, and she may be entitled to a very small proportion of any profits, but surely she values her hide better.

Walk away permanently. Leave everything except essentials (clothes / daughters belongings within reason) and rack it up as experience.

I hope she finds happiness soon.