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Advice Need Pls About Ownership of a house and rights

Hi,

To cut a long story short, me and my gf have split-up, we own a house (paying a mortage). Now she wants her friend to move in. can she do this without my permision? I am oppsed to the idea and say I do not want anyone living here. However she is presistant that she has the right to allow her friend to move in, as half the house is hers. Can I stop her friend moving in? as i own half the hosue too?

Thanks to anyone who can help

52 Comments

she can't let anyone live in your house that you don't want to be there, but she can demand that you give her her share of equity, or remortage/sell to get out of any future liability.

Original Poster

wonder-baby;7807615

she can't let anyone live in your house that you don't want to be there, … she can't let anyone live in your house that you don't want to be there, but she can demand that you give her her share of equity, or remortage/sell to get out of any future liability.



Im going to see a mortage guy tommorw to see if i can borrow the full amount. my question is really that can she allow some1 to live here without my permisson? at the moment we are still both paying half for bills mortage etc.

thanks for reply

Is her friend hot?

Are you going to be living there at the same time?

Original Poster

Goonieman;7807639

Are you going to be living there at the same time?



yes

Trickyjabs;7807633

Is her friend hot?



:w00t:

I don't think you can physically do anything to stop it but its going to be rather uncomfortable for all of you. Can you explain this to her?

Is it a friend or a "friend"!

Original Poster

Goonieman;7807667

I don't think you can physically do anything to stop it but its going to … I don't think you can physically do anything to stop it but its going to be rather uncomfortable for all of you. Can you explain this to her?



yeah ive told her, but she wont listen.
basicly her freind is going to be living her rent free, using my electric, internet, gas etc.. and will be here when im at work.

Tanchi;7807629

Im going to see a mortage guy tommorw to see if i can borrow the full … Im going to see a mortage guy tommorw to see if i can borrow the full amount. my question is really that can she allow some1 to live here without my permisson? at the moment we are still both paying half for bills mortage etc.thanks for reply



No she can't without your permission. The house belongs to both of you, and she needs your permission to allow a lodger.

tell her 3 of your mates are moving in!

she defo can not let anyone stay!!

and to make you piont next time she visits

do not wash
walk around in some old raggy pants
make sure you fart - alot
pic your nose
cut your toe nails in the living room then finish them off in the kitchin
do not flush the lou
bring your m8ts round for drinks
and if you know Bevilie Maca ask her round too

If all this fails i will move in that will sort her and ur ex

Original Poster

milesy29;7807683

No she can't without your permission. The house belongs to both of you, … No she can't without your permission. The house belongs to both of you, and she needs your permission to allow a lodger.



thanks bud, do you know this for sure? as im going to be calling the police when she turns up to remove her from my property if this is correct.

Original Poster

miles136;7807698

she defo can not let anyone stay!!and to make you piont next time she … she defo can not let anyone stay!!and to make you piont next time she visitsdo not wash - already dowalk around in some old raggy pants - already domake sure you fart - alot - already dopic your nose - already docut your toe nails in the living room then finish them off in the kitchin - already dodo not flush the lou - already dobring your m8ts round for drinks - already doand if you know Bevilie Maca ask her round too

lol joking

Banned

The Fox;7807696

tell her 3 of your mates are moving in!



Yes, make your home a shelter for the homeless too!

speak to citizens advice!!!!!!!!!!!

Original Poster

Aquatic;7807831

speak to citizens advice!!!!!!!!!!!





thats what my sister said, only they are closed at the mo. will do in the morning tho. i'd just thought id post here if anyone knows for sure, im quite worried

Tanchi;7807705

thanks bud, do you know this for sure? as im going to be calling the … thanks bud, do you know this for sure? as im going to be calling the police when she turns up to remove her from my property if this is correct.



Well, it was until you said that her mate would be living there rent free! If this is the case, then I really dont think there she is doing anything legally wrong.

Not sure of the legalities of it all tbh, but I would at least let your ex know that the bills will be split 3 ways instead of 2 if she moves in. Then find out for sure where you stand legally.

Original Poster

milesy29;7807929

Well, it was until you said that her mate would be living there rent … Well, it was until you said that her mate would be living there rent free! If this is the case, then I really dont think there she is doing anything legally wrong.



I dont get this, so your saying if she does pay up i can throw her out, but if she lives here rent free then she can stay?

Tanchi;7807842

:)thats what my sister said, only they are closed at the mo. will do in … :)thats what my sister said, only they are closed at the mo. will do in the morning tho. i'd just thought id post here if anyone knows for sure, im quite worried



do not worry

joking aside as you have a morgage u must first seek permision from the morg provider to have a lodger, and if u r saying no, even if she was allowed to move here friend in (which she can not) the morg provider will defo say no to a lodger.

You also have to tell ur insurer who will defo increase the cost of the insurence and if you told them yopu did not want this person in your home then your insurence will be cancled.

Just say you r now living there you have changed the locks (do this) and to never darken ur door again end of, she can screem as much as she like but she can do nowt about it remember she moved out not you

and what sort of numpty is her friend???? would u realy want to move into a house where u were not wanted ?

Tanchi;7807942

I dont get this, so your saying if she does pay up i can throw her out, … I dont get this, so your saying if she does pay up i can throw her out, but if she lives here rent free then she can stay?



No, it all depends on your mortgage. You have to tell a mortgage company that you plan to let, or in this case sub let. In most cases you need to amend your mortgage, and pay a fee to do this. You would both need to agree to this, and sign.

So, if she was taking in money from this sublet then she is not entitled to do so, and breaking the terms of the mortgage.

If her friend is just moving in to keep her company then this wouldn't be required. You could probably object, but I'm not sure on the legalities of it.

Original Poster

the story is, is that we broke up about a month ago. we both aggred verbaly, that i would seek advice to see if I could borrow her half of the mortage. Im going tomorrow to find out if i can. If i cant we will sell.

Meanwhile, while the guysapprove / reject my request she has asked her freind down to live here. (she lives up north)
I have said no, but she said that she spoke to a advisor (not sure if this is true) and said that she is allowed to let her mate live here weather i like it or not.

we both have spearate moradges, as she works for the company (halifax) who is providing the morage, her half is discounted. i pay a slighty hirer % than she does, however we both put int he smae amount of money.

She is now saying that her mate is comming down to live so they can save up and find somewhere to live here.

Original Poster

milesy29;7808004

If her friend is just moving in to keep her company then this wouldn't be … If her friend is just moving in to keep her company then this wouldn't be required. You could probably object, but I'm not sure on the legalities of it.



^^ this is whats shes doing. (well will try and do)

and will be here untill the house is either mine, or sold on the market.. looking at maybe 1 - 12 months or more

Banned

what ownership agreement do you and your EX have "tenants in common" or "joint tenancy"?

Tanchi;7807705

thanks bud, do you know this for sure? as im going to be calling the … thanks bud, do you know this for sure? as im going to be calling the police when she turns up to remove her from my property if this is correct.



Police won't be interested, it's a civil matter.

She can have a lodger, I have never heard of a mortgage company not allowing this.
Seek proper legal advice!

Original Poster

slamdunkin;7808093

what ownership agreement do you and your EX have "tenants in common" or … what ownership agreement do you and your EX have "tenants in common" or "joint tenancy"?



i belive its joint tenancy

Original Poster

thesaint;7808096

Police won't be interested, it's a civil matter.She can have a lodger, I … Police won't be interested, it's a civil matter.She can have a lodger, I have never heard of a mortgage company not allowing this.Seek proper legal advice!



ill have to get some hired mussle in then :whistling:

Banned

Tanchi;7808126

i belive its joint tenancy



Then you will wont to serve notice on your ex that you are now "tenants in common" Google for a definition as it gives you more rights and as things stand if you died tomorrow she would inherit your half of the house.

Original Poster

slamdunkin;7808178

Then you will wont to serve notice on your ex that you are now "tenants … Then you will wont to serve notice on your ex that you are now "tenants in common" Google for a definition as it gives you more rights and as things stand if you died tomorrow she would inherit your half of the house.



yeah just checked its defo join ten. on the papers it says that we are acting as one entity. 1does this mean that i have a say as in who stays here?

Original Poster

Joint tenancy

Under this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner.

i dont think i have a say init do i? :'(

If she works in the bank, she probably has spoken to an advisor and found out she can do it. My guess would be she's doing it on purpose to get a bite out of you? If you think that's the case, play them at their own game and move your slobbiest mate in for a start. then start bringing women back to stay etc etc.

If you really think in your heart that she really just needs a bit of company right now, then let it go for a little while, then tell her bills will have to be split 3 ways.

thesaint;7808096

Police won't be interested, it's a civil matter.She can have a lodger, I … Police won't be interested, it's a civil matter.She can have a lodger, I have never heard of a mortgage company not allowing this.Seek proper legal advice!



u need permision to have a LODGER i was concedering it because went through a period of not wanting to live alone anymore I checked build soc sed they must be informed and would charge a fee to make a note of this

I still live alone and ok with it

Banned

Tanchi;7808210

Joint tenancyUnder this agreement the joint owners together own the whole … Joint tenancyUnder this agreement the joint owners together own the whole property and do not have a particular share in it. If one of the owners dies the other automatically becomes the sole owner. This would be the case even if a will had been made leaving the deceased owner's ‘share' to someone other than the co-owner.i dont think i have a say init do i? :'(



Doesn't it give you another idea? Arsenic in the tea maybe?

Original Poster

master_chief;7808245

Doesn't it give you another idea? Arsenic in the tea maybe?



I haven't got anything to do for the next week, I'll move in.

Original Poster

angelfairee;7808266

I haven't got anything to do for the next week, I'll move in.



cool, u can move in tonight if u want

Original Poster

so Joint tenancy, means that i cannot kick her friend out then?

Banned

NO....I think if you were tenants in common you may have.as the equity is divided.....you can serve notice of severance of the joint tenancy on the ex without her permission. you will have to file a copy of the severance with the mortgage lender and the land registry though.

Original Poster

slamdunkin;7808336

NO....I think if you were tenants in common you may have.as the equity is … NO....I think if you were tenants in common you may have.as the equity is divided.....you can serve notice of severance of the joint tenancy on the ex without her permission. you will have to file a copy of the severance with the mortgage lender and the land registry though.



im screwed then

hook up with her friend (assuming she's a female of course)


/thread

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