My boyfriend purchased a house in 2006 to which he put in 100k and I put in 60k I did not go on the mortgage as I trusted him, we had a deed of trust drawn up to protect what we both put in, he owns 3/5ths and I own2/5ths. We split up in 2009 of which he paid me £54k and promised to bay me the balance 6 months later, this has not happened despite several requests from me and my solicitor. My solicitor has worked out with interest that he owes me just over 8k. He has since got married and is living a good lifestyle but will not pay me. My solicitor has informed me that I still have an interest in the property until he has paid me the balance and that I could move into the property, I confronted my ex about this in the hope that he would pay me but his reply was if I did this he would call the police. Am I in my rights to enter the property .
No, you should not move into the property. You do have an interest but that does not mean you can simply move in. After all, landlords have an interest in their rented properties (they own them!) but they are not legally allowed to just move in any time they like.
You should take legal action to recover the monies owed to you, but moving in is not going to work.
Hi thanks for your reply, to be honest I donor want to move into the property it was a last resort to try and get the money that I am owed although my solicitor has said that I have every right to live there as I still own 2/5ths I have been waiting for my money for 3 years with false promises from my ex that he will pay me. My solicitor has wrote to him asking for the money and he is stating that he cannot afford to pay me, I know he can.
Yes your solicitor is right, technically you have a right to live there, but he also has a right to his privacy. Obviously these rights are contradictory. If you were to try to move in then there would be a 2battle of rights", and after 3 years absence, your right to live there would lose out to his right to privacy.
It would make sense to take him to court for the money. If he cannot afford it then he may have to sell the house.