Forcing sale, rights to access...

Hi I am new here.

I co-own a property with my ex-partner. We were never married. The mortgage is in joint names.

I left last year.

He has been very angry when I want to go back to visit the property and has written several times saying that he would not allow me access if I turned up, but in the end he did. However he was very angry during my visits to the property, shouting at me non-stop and making untrue accusations about my personal life. Can he prevent me from being at the property, getting access, or even staying there if I want from time to time?

Secondly, can I force a sale, and if so, how do I go about it, and how long will it take? If he cites ''health reasons/disability'' as making it difficult for him to re-house, is it likely to gain him any leeway with the courts to stay in the property?

Thanks
FB

I''ve been in a similar position. Your ex cannot deny you access to a house you own.

In my case my then-husband changed the locks. Despite requests from my solicitor he refused to hand over the key, and I was forced to seek an Occupation Order to enter my own home.
I don''t know about the other stuff. If you have children that would make a difference, depending who they live with. Otherwise,I doubt that your ex would be able to stay in the house indefinitely unless he bought you out.
Good luck

Why do you want to enter the property? It''s reasonable to arrange access to collect possessions at a mutually convenient time but if you moved out some time ago it''s no longer your home. It still is your ex-partner''s home and he has rights to privacy which need to be balanced against your ownership rights.

You would need to apply to court to force a sale. Because you weren''t married unless the deeds state differently each party will be entitled to 50% of the equity.

Gosh, what a hardship you went through:( No, no children thankfully. I hope your situation is resolved now, and that mine will be too.

Believe me there isn''t much privacy when someone is raising their voice with the windows open!!

Mutually agreeable would be wonderful, but, how many weeks is it reasonable to wait for that?

Also, my question is, if you leave, and you want to go back temporarily or permanently, have you legally reduced your right to do so?

Thank you for your advice.

Legally joint owners have the same rights to occupy a property but in practice if someone leaves it may be difficult getting back in without applying for an occupation order. If the police are called one person is likely to be asked to leave.

When making an occupation order the courts must give regard to the way the parties have behaved towards each other, alternative available accommodation and the resources each party has to afford other accommodation. A judge must also consider Article 8, Human Rights Act 1998, the rights to privacy and a family life.

So someone who behaves reasonably, has alternative accommodation or can afford to rehouse might successfully apply for an occupation order, at least for part of the property if it''s big enough to share. On the other hand someone who behaved unreasonably, has their own accommodation or the means to rehouse is unlikely to succeed.

IT would be difficult for your ex-partner to deny you reasonable access if a solicitor wrote on your behalf.

Don''t know where u live but if in Scotland, new co-habitee law in place since 2006.
I know about it as being sued by my ex.
We split 3 years ago and its still not resolved.
Point being - do not go the route of solicitors if you can help it at all - solicitors fees can become expensive very quickly.
Try asking him to attend independant mediation with you to resolve this -don''t meet his anger with solicitors letters - just inflames the situation whatever the rights or wrongs on either side...
Didn''t work for me unfortunately as my ex - well - can''t say much as case ongoing but he''s a numpty. And thats not a typo - I''m female being sued by my ex - couldn''t make it up!