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The right of new partner to move in.

  • freeangel
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23 Sep 12 #357470 by freeangel
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My situation is that I have
split up from my former partner, nearly two years ago.

With the house being divided by trust deed, with the greater proportion to me.
I have in part moved out due to harrassment from my ex partner, that harrassment being entering my bedroom, prying into my computer, and verbal abuse, amongst other issues.

Because of my current financial situation, I am unable to buy him out, and I am planning to move back in with my current partner. However, my ex partner who has another place where to live, his own girlfriend, and only stays in the house from time to time,in order to harrass me by restricting what I can do in my own property.

He has threatened me through his solicitor to call the police on the basis of trespass, if my new partner enters the property.
Is it possible for him to do that, although my new partner will be there with my permission, as well as my protection?

Thank you very much for any advice.

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23 Sep 12 #357473 by soulruler
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I think he would be on very dodgy ground on the basis of applying under trespass as the property is mainly owned by you and part by him.

I think you need the advice of a trust lawyer as it was divided by deed of trust. Look at the details of the trust, now long the trust lasts, orders for sale and on what grounds.

It sounds a bizarre situation that you are the main occupant and he has another place and then you move out to be with your partner in his home.

Sounds more like a possibility of an occupation order or non molastation order rather than applying to court under Law of Trespass - I also think the Police would say it was a civil matter when trespass was mentioned rather than a criminal/Police matter.

I think you need to go back and seek legal advice.

Are you divorced or were you previously co-habiting?

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23 Sep 12 #357480 by freeangel
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Thank you for your prompt reply.
Which was very informative, and very helpful.

I was previously cohabiting, and the deed of trust was made sometime into the relationship.
His solicitor has stated that my ex would be willing to be bought out, for £8,000, and my old car that I no longer need. I am happy with that arrangement, so long as he leaves the house as soon as is possible.

His solicitor wants me to take him off the mortgage before he moves out, however, that is easier said than done, and to be honest, who would apply for a mortgage, with a possible fee, with my ex still living in the house?

I know that he applied for a council home, but he has been very clever at keeping that council house address very quiet.
It is likely that he lied on his housing application, but I will not raise that with the council, unless I need to, as then he may lose his council home, and he would be living back in my home.

Apart from following him, are there means of establishing where he lives?

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23 Sep 12 #357481 by freeangel
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23 Sep 12 #357482 by freeangel
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23 Sep 12 #357487 by Elphie
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Would you need to reapply for a mortgage in order to raise the £8000 or can you raise that money another way? Even if a temporary loan from family. Then speak to your mortgage company becaus eif you have the means to take on the mortgage yourself, then they might agree to remove him from the mortgage rather than reapplying with fee etc. you could always remortgage to repay your family once his name is off the title deeds & current mortgage. (also, make sure you £8000 and car ownership documents are held by the solisitor until the house title deeds have been signed over to you. ) personally, I would employ a solisitor of my own to ensure this is all carried out properly.

Why do you need to establish where he lives?

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