It's Complicated

last_mile

i always go round when hes not in if i need time to gather stuff.
i have taken people before but the state he has let it get into embarrassed me and i dont even live there.

Comms69

last_mile wrote: »

i always go round when hes not in if i need time to gather stuff.
i have taken people before but the state he has let it get into embarrassed me and i dont even live there.

You realise he can just go to the police and make a complaint of harassment?


Please stop doing this, for your own sake.

Comms69

thorsoak wrote: »

As you are still paying the mortgage, you are entitled to come and go in your flat as you please .....but I would advise you to (1) let him know when you intend going round and (2) take along a friend/relative (maybe dad or brother?) when you do go round. At the same time, have your phone on video/record ....just in case!

Sorry paying the mortgage is not the test.


An owner, whether in arrears of mortgage or not; can legally go as they please.


BUT having moved out, the occupier can easily make a harassment complaint.

last_mile

i might have left him but i havent left my house.
90% of my stuff is still in that house.... I'm still registered there and I'm still using my own key to enter the property.
I in fact own 70% of the house and could force him out under terms set out in the agreement when we purchased.
I left for my health and i can probably get him done for destruction of property.
I might have stayed longer than i should but I'm not silly i covered all my bases, mostly because I thought he'd do something silly to himself way back when.

Comms69

last_mile wrote: »

i might have left him but i havent left my house. - Yes you have
90% of my stuff is still in that house.... - arrange for it to be moved. I'm still registered there - well you shouldn't be and I'm still using my own key to enter the property. - irrelevant.
I in fact own 70% of the house - irrelevant, he could own 1% and retain full occupation rights and could force him out under terms set out in the agreement when we purchased. - No you couldn't.
I left for my health and i can probably get him done for destruction of property. - no you couldn't. Shared property, no criminal damage (which is the technical term)
I might have stayed longer than i should but I'm not silly i covered all my bases, mostly because I thought he'd do something silly to himself way back when.

You aren't really listening are you?


here's the scenario:


Call to police. "My ex wont leave me alone, she keeps coming into my house and spying on me. I was very depressed in the relationship, since she left I've improved, but she wont leave me alone."


"She cant move on. She leaves her property here as an excuse to come round. I've asked her to stop, but she continues."


- Police come out, take a statement.


You get at best a PIN, possibly arrested.


Think I'm joking? You are harassing him (and no I'm not defending anything he did). What do you think would be the response if HE was coming into your home when you were out?!


You may have a legal right, but it's no different to other forms of stalking / harassment; it's perfectly legal to walk down the street (but if you're following someone...) or to call (but if they don't want you to) etc.


Oh and he would get legal aid, a non molestation order (which would make it illegal for you to even be on the same street as your property) and probably an occupation order.

Pixie5740

last_mile wrote: »

i might have left him but i havent left my house.
90% of my stuff is still in that house.... I'm still registered there and I'm still using my own key to enter the property.
I in fact own 70% of the house and could force him out under terms set out in the agreement when we purchased.
I left for my health and i can probably get him done for destruction of property.
I might have stayed longer than i should but I'm not silly i covered all my bases, mostly because I thought he'd do something silly to himself way back when.

Get legal advice and start moving forward with either buying him out or forcing the sale since it appears he couldn't afford to buy you out. The longer you leave it the more difficult it will be. Forcing a sale does cost money but if the other side is deliberately obstructive the court can awards costs against the other side. You sensibly have a declaration of trust so hopefully it shouldn't be too difficult.

Archergirl

You have done so well, now you must harden your heart even more and go ahead with the sale, he must learn to stand on his own 2 feet now (especially as he is happier) only then will this bit of your life be over and you can truly move on.
I am so very proud of you even though I don't know you lol xx