Occupancy order

youngbuck2

Just expanding on another thread I created, I would just like to know where I stand with this..

My ex-partner and I (not married) bought a shared ownership house on a joint mortgage (we jointly own 50% and are joint tenants on the other 50%).

After a year, we separated. She moved out and I remained. We had paid everything 50/50 up until now, and she continued to send me her half of the mortgage/rent for about 8 months then stopped saying she couldn't afford it. I then continued paying it all by myself for a few months before falling behind on payments due to the cost (as well as other debts). She refused to pay, and being fed up, I decided I too would move out and rent elsewhere, effectively waiting for it to be repossessed as neither of us could afford it. We couldn't sell it as it was in severe negative equity (100% mortgage) and lost value and couldn't sublet due to the tenancy terms.

So, we both moved out. Within a week of this happenning, my ex decided she would move back in herself (somehow she found money..) and since then, for the past 4-5 years, she has generally paid the mortgage on time, and paid off the arrears, without any assistance from me. Basically, she became reasonable.

We tried to remortgage in her name, sell it etc but we are unable for various reasons.

So, 5 years later, she is still there. I am worse off financially, amost bankrupt and will be homeless within the week as I am forced to leave where I am as my current partner and I are separating. I am not on this tenancy and pay half her rent for her.

So, being on the verge of homelessness, with no savings or credit card and bad debt, one of my only options to consider is moving back into the jointly owned 1 bed flat me and my ex have.

I have tried to contact her monthly via text and Facebook message over the last year probably 8 or 9 times t try and discuss selling the flat, her remortgaging it in a sole name or getting someone to replace me, but she just ignores my me and doesn't reply (I can see she has read them on Facebook). The last reply I had was in March earlier this year when she said she wanted to keep it and her brother might tae over the mortgage. Since then, she hasnt replied. Just ignores everything I say or ask.

I need a place to live. I have no keys to the flat, and she has lived there and paid everything generally on time and paid off the mortgage arrears for at least 4 years. I havent been there or seen her since. What rights do I have even if ai havent paid anything for so long? Do I have to give her written notice? Am I allowed to use a locksmith to gain entry? Can I change the locks?

If either of us apply for an occupncy order, who would gain? Would I be allowed to live there again if I agree to resume repayments? Where would she stand??

I can prove that she has ignored contact attempts for at least 8 months, but she can prove she has been he only persn living there and paying it? I am more than happy now to resume repayment if needed, sell, or do anything except leave things as they are I am also in need as I will be homeless. Would I get to live there again?

jclegs

Don't go near the house. Go speak to a solicitor and sort it out that way.