House renovation being carried out without a co-owners consent/knowledge

freedo25

Not quite sure which topic this would fit into but this is the closest. 

A bit of background. My partner left an abusive relationship about 10 years ago. They still co-own the property they lived in...her ex has been living there for a number of years with his new partner (and now the subsequent 2 new children). All attempts at severing this tie have proved fruitless unless she want to just sign over the property to him. It's an ongoing thing. 

The purpose of this post however, is this. A few days ago, she drove past the property and saw that there have been substantial renovations going on for the past few months. There is a 3rd storey dorma extension and new roof which looks to be pretty much completed. Also, ground floor outbuildings have been demolished and extension work is also being carried out on the ground floor, extending out a kitchen/dining area. All in all, substantial material changes have occurred.

The problem?

At no point was she informed that he intenteded to do this and subsequently, this is being done without her permission. 

Can anybody advise or give insight as to where she stands with this please?

eddddy

If the house is being improved, isn't that a good thing from your partner's perspective?

It will increase the value of her 50% share (or whatever percentage share she owns).

AdrianC

freedo25 said:

...unless she want to just sign over the property to him.

How much equity did she have in the property at the time the relationship failed?

What's her problem with her ex extending his home?

TripleH

I am curious as to the exact position legally a person stands with regards to such a scenario.

Surely there would be an issue if the house is remortgaged, wouldn't her consent be required as a "co-owner of sorts".

Does she have a claim if the house is sold.

Should she not register a charge on the property, if only for the purpose of making him realise that he needs to tie up loose ends?

I can only think it is an issue for your partner if the refurbishment has been paid for from a loan that she is now party to otherwise more fool him for not sorting a clean break.

freedo25

eddddy said:

If the house is being improved, isn't that a good thing from your partner's perspective?

It will increase the value of her 50% share (or whatever percentage share she owns).

She has wanted to sever financial ties with him all this time but he's refused to even discuss the house until early 2020. We cannot get a mortgage ourself while she is still tied to that property. She is a 50% shareholder, it's just that she has no access/keys to the property. As stated, she fled an abusive relationship. 'Civil terms' this isn't.

canaldumidi

Great. The value of her property is being increased at no cost to her. Lucky her!

But remaining tied to her ex financially for 10 years is madness. Quite apart from any equity she is unable to use, her credit records are likely to be linked to his (if there's a mortgage). Check the credit records.

The courts could force a sale if no agreement can be reached, though I accept that can be costly.

freedo25

AdrianC said:

freedo25 said:

...unless she want to just sign over the property to him.

How much equity did she have in the property at the time the relationship failed?

What's her problem with her ex extending his home?

She has 50% equity. 
Her problem is she wants her equity from the property as this has been going on for 10 years. 

It isn't "his" home, it's shared ownership. She wasn't informed about any works and her permission wasn't requested. One glaring issue is her liability as a co-owner. 

canaldumidi

You and your partner could always move in..... That would force a re-evaluation of the situation and might result in agreemnt to sell, or for a buy-out.

By 'shared ownership' do you mean jointly owned (your partner + her ex), or part owned/part rented?

freedo25

TripleH said:

I am curious as to the exact position legally a person stands with regards to such a scenario.

Surely there would be an issue if the house is remortgaged, wouldn't her consent be required as a "co-owner of sorts".

Does she have a claim if the house is sold.

Should she not register a charge on the property, if only for the purpose of making him realise that he needs to tie up loose ends?

I can only think it is an issue for your partner if the refurbishment has been paid for from a loan that she is now party to otherwise more fool him for not sorting a clean break.

She's entitled to 50% equity and there is already a charging order against the property by the CMS over several years of unpaid child maintenance but that's a separate issue. 

Her issue is she's wanted her money out of the property but he's not wanted to discuss it. The fact this can be done without her consent/knowledge is also now a big concern as she has liabilities being co-owner too.

freedo25

canaldumidi said:

Great. The value of her property is being increased at no cost to her. Lucky her!

But remaining tied to her ex financially for 10 years is madness. Quite apart from any equity she is unable to use, her credit records are likely to be linked to his (if there's a mortgage). Check the credit records.

The courts could force a sale if no agreement can be reached, though I accept that can be costly.

Exactly. He remains uncivil and forcing a sale will be extremely costly - money we don't have I'm afraid. He has been under an IVA a few years ago and she has bent over backwards to try to get it resolved, he's simply refused to discuss it. Her immediate concern right now is how is this allowed to happen without her knowledge/consent?

Mojisola

freedo25 said:

The purpose of this post however, is this. A few days ago, she drove past the property and saw that there have been substantial renovations going on for the past few months. There is a 3rd storey dorma extension and new roof which looks to be pretty much completed. Also, ground floor outbuildings have been demolished and extension work is also being carried out on the ground floor, extending out a kitchen/dining area. All in all, substantial material changes have occurred.
At no point was she informed that he intenteded to do this and subsequently, this is being done without her permission.

We've had several major jobs done on our house in the past.

At no point were we asked whose names were on the deeds or asked that all owners sign an agreement.