Can my ex refuse me access to joint house?

millie84

My ex partner is refusing to give me keys to the house that is jointly owned. My name is still on the deeds and the mortgage.
I moved out of the property 5 years ago, and our agreement was that he would remain and pay all outgoings.
I am attempting to remove my name from the mortgage (I have been doing this for nearly two years), as part of this I have asked for a copy of the keys, which I believe I am legally entitled to.
He keeps refusing, unless I agree to a vacant sale with us both paying half of the outgoings. I cannot afford to pay this, I am still in debt and I have my own living expenses to pay. I am already struggling.

marliepanda

He can't legally refuse you. However if you're not paying anything towards it, if you want access then you have to pay your half of the bills.

He can't force you to pay, but it will effect both of your credit ratings and debts of he simply stops lying his half.

How does having a key affect you taking your name off a mortgage? He has to take on the mortgage himself. That's the only way to do it. I don't see how a key helps.

If you are wanting to sell to get rid of the mortgage so your name is 'free' then his suggestion of moving out and paying half is fair.

thesaint

Who is living in the house?

Mojisola

marliepanda wrote: »

He can't legally refuse you. However if you're not paying anything towards it, if you want access then you have to pay your half of the bills.

Why should someone who doesn't live in the house have to pay half of the occupier's bills?

Any owner of the house has the right of access.

Guest101

You are entitled to unhindered access to the property - UNLESS you agreed that as part of your ex paying the mortgage, you give up certain rights.

marksoton

millie84 wrote: »

My ex partner is refusing to give me keys to the house that is jointly owned. My name is still on the deeds and the mortgage.
I moved out of the property 5 years ago, and our agreement was that he would remain and pay all outgoings.
I am attempting to remove my name from the mortgage (I have been doing this for nearly two years), as part of this I have asked for a copy of the keys, which I believe I am legally entitled to.
He keeps refusing, unless I agree to a vacant sale with us both paying half of the outgoings. I cannot afford to pay this, I am still in debt and I have my own living expenses to pay. I am already struggling.

Whilst you may have right of access i suspect your ex probably sees you requesting a key as antagonising behaviour. Especially after five years.

What does this achieve in your goal of getting yourself removed from the mortgage would be my question....

G_M

If you want access:

1) pay £3 to the Land Registry and download a copy of the Title for the property, which shows you are a legal owner

2) Show this to a locksmith and pay him to
a) break in and
b) change the lock & make good any damage

3) offer your ex a copy of the key to the new lock

I don't see how this will help with your underlying problem though.....

csgohan4

Maybe the op is not telling the whole story.

If your not paying your half, what do you think having a key will accomplish?

Your in debt and struggling, your ex cannot afford to take you off the mortgage alone, maybe better to sell

millie84

I want to sell, but he is being uncooperative. I don't want to have to go to court and face the expense of an order for sale, but it looks like this will have to happen.
I have summarised my situation in my OP. I have made another thread about this matter some time ago, and I have now exhausted every option.
The facts are that he can't get a mortgage to remove my name, and is not co operating with my attempts to sell without going to court.
I cannot claim legal aid because I work full time.

Guest101

millie84 wrote: »

I want to sell, but he is being uncooperative. - Ok get a court order. I don't want to have to go to court and face the expense of an order for sale, but it looks like this will have to happen. - Yes. As it sounds like you are planning on harassing them into selling, which is a criminal offence.
I have summarised my situation in my OP. I have made another thread about this matter some time ago, and I have now exhausted every option. - No you haven't, you have not got an order.
The facts are that he can't get a mortgage to remove my name, and is not co operating with my attempts to sell without going to court. - And?
I cannot claim legal aid because I work full time.

So you instead think that harassing him into selling will work out well for you.


I suspect you'll get hit with a non-mol if you continue the path you seem set on.

thesaint

thesaint wrote: »

Who is living in the house?

I shall ask again.