Joint home, divorce and my rights

Cotton_wool_katie

Hi
Any help would be appreciated I am currently getting divorced and my ex has been very difficult. To cut a long story short he had an affair, I kicked him out, I had his family coming round abusing me at our family home, so I moved out as I couldn't handle the constant abuse. Now he won't speak to me about selling or renting the house, he is living with his parents so not in the house. He won't let me into the house at all. My question I know legally I'm entitled to go in the house as it's a joint mortgage, but he is paying the mortgage and can I force entry to the house to gain access. I want to clean it up and get a valuation on it as with a view to sell it on.

Thank you

mellymoo74

If you're on the deeds and you jointly own the house (tenants in common I think it is) then yes.
Get legal advice though.
Good luck

Cotton_wool_katie

mellymoo74 wrote: »

If you're on the deeds and you jointly own the house (tenants in common I think it is) then yes.
Get legal advice though.
Good luck

thanks Yes I'm joint home owner on the mortgage etc. Thank you

specialboy

You can move back in if you want, you won't be able to sell with out his agreement.

monty-doggy

Are your children living with you? You can break in, change the locks and apply to the courts for an occupation order which will allow you to live there until the children are 18.
There are other things to factor in but talk to a solicitor ASAP.

Mr_Toad

monty-doggy wrote: »

Are your children living with you? You can break in, change the locks and apply to the courts for an occupation order which will allow you to live there until the children are 18.
There are other things to factor in but talk to a solicitor ASAP.

You are joint owner so it isn't breaking in.

However, as your husband is also joint owner I don't think you can change the locks as that would be excluding him from his own property, the reverse of your own situation and equally wrong.

Get back in and if he or his family get abusive you should call the police.

19lottie82

yes, you can enter it, but if he doesn't want you to sell it you won't be able to without a court order, which could be very difficult and expensive to get.

Cotton_wool_katie

Hi

Thanks for your replies. I don't want to live in the house as there are too many bad memories. But I do want to access the house as there are still some of my items in the house. I have a key for one door but he has left the key in that door so I can not get in. I have 3 people who want to buy the house and 1 who wants to rent it. It seems so silly it sitting there when these options are available. My main thing is to get my belongings and to tidy the house and get my own valuations. I understand I cannot sell without him but if I tidy the house up and get a decent valuation that will cover the outstanding mortgage then he may speak to me to sort this out.

19lottie82

Cotton_wool_katie wrote: »

I understand I cannot sell without him but if I tidy the house up and get a decent valuation that will cover the outstanding mortgage then he may speak to me to sort this out.

Even if you can get in to the house, I think you're being a little naïve to think he will allow in anyone to view / value the house. It's your right to let them enter, but it's right not to let them in, if you see what I mean.

I think you'd be better taking a few steps back here and making the first step getting him to agree to sell (don't rent it out, you want a clean break from this guy, not to be tied to him for as long as the place is rented out for).

I understand you have been wronged here, but you need to play the long game and I think you're attempting to run before you can walk.

19lottie82

In regards to your belongings, do you have a mutual friend who can visit him, and ask if they can accompany you at a suitable time to collect your stuff?

If not, you could try the police, BUT I would advise against this unless it really is the last resort. As I said in my previous post you want to avoid antagonising your ex for the sake of things running smoothly re a possible house sale. OR would he be able to afford to buy you out of the place? This might suit him better than selling