Joint Mortgage - No Access

[TX1]

I will stick to the the point on this one as i could be all night otherwise.

1. Bought house in 06 with ex partner
2. Separated in 2009
3. I moved out and notified revenue re: TRS and she remained.
4. She moved out in 2010 and rented it out but have found out is was off the books.
5. Now her brother lives there again of the books.
6. I wanted to move back in and gave notice but told no. Issued notice in writing again told decision has been made and brother will not move. I have to move due to daughters eczema and current rented accommodation having carpets etc.

My question is basically with no rental agreement between me or the brother i cannot evict him. I cannot force entry as it will cause more harm. I cannot involve PRTB. What rights have i got as effectively she has told me as she has handled the property since i moved out in 2009 it is her decision. Also my gut is telling me she is claiming to live there and paying the mortgage even though she has had tenants there since 2010 using the rent to pay it! I am worried that i cannot move back in and also worried that in a few years she will turn around she has been covering the mortgage since 2010 and have me removed from the title deeds. Can she do that. I stress that i do not want to cause her trouble but move in with my daughter for her health.

 

[Brendan Burgess]

You should have dealt with this back in 2009 when you separated.

If you left and stopped paying the mortgage, thus leaving her with the mortgage and the negative equity, I certainly don't think you have any moral right to the house.

However, whether you have been paying the mortgage or not, you are still jointly and severally liable for the full mortgage. If she does not pay, the lender can come after you.

You will need to check with a solicitor, but my understanding of the legal position is...

You are still the owner of the house as your name is on the deeds and you have the right to move back in at any time.

If you don't want to go down this route, you can force the sale of the house, although this will be an expensive High Court process.

Brendan

Update: I am not sure that the advice today is any different from what it was 3 years ago.

 

[TX1]

Thank u for the response. Previously the issue was me overpaying for the apartment that's mortgage was fully covered by rental income. This was agreed amicably and suited both parties. However, I had no input into tenants, no access to property and no say whatsoever. Told to stay away and should would handle it unless repairs etc I would be asked for money which I paid on foot of receipts and invoices. It was not worth the hassle so let it continue. However, I am now in a position where I need the property and happy to pay 100%. I have been told a contract exists between her and her brother so the decision is too stay away and tough. I am worried about contacting the prtb as my gut tells me the tenancy is not legit. I do not want her to get in trouble. Revenue is aware i am not there so I am covered. How can you serve notice to someone if I am not the landlord if contract exists or how do I move in if no contract exists? Also, if no contract exists and further down the line she claims that she has been living there and paying full mortgage when in fact it has been paid by tenants does she have a case in saying my name can be removed for not contributing?