Can my partners ex evict me?

[Ronnie567]

I have lived with my partner for four months. Hi ex is still on the mortgage although she hasn't lived here for two years and hasn't paid towards the mortgage in that time. I have been contributing to the living costs since living here. My partners ex has recently been claiming she can make me leave the property if she wants and I was wondering where I stand on this?

[saxy_jag]

As long as your partner's paying the bills and any maintenance, and if you aren't abusing his kids, then there's no reason you can't live with him. Technically he is your landlord and is the only one who can evict you.

[LoftyLottie]

I don't know the answer, but can a joint mortgagee take on a tennant without the permission of the other joint mortgagee? Surely if his ex is still on the mortgage, the fact that she hasn't contributed to it would make no difference - she is still 50% responsible.

[Ronnie567]

Good. Thank you. Can she just move back into the property anytime she wants as she also claims?

[LoftyLottie]

I meant she is still co-owner of the house.

[Ronnie567]

To LoftieLottie, the mortgage company know I live here and have no problem with that.

[ummmm]

I think so Ronnie. It is her house after all...

[Ronnie567]

OK, but she can't just make me move out?

[LoftyLottie]

What I meant Ronnie was I don't know whether one co-owner can take on a lodger/tennant without the permission of the other. Nothing to do with the Mortgage Company.

And yes, as Vibra says, she can move back in to the house if she wants as long as there is no court order to stop her doing so.

[LoftyLottie]

She could make your life extremely difficult if you stayed and she moved in though.

[craft1948]

I don't think she can..........my mate's husband left her and the kids for someone else and was fine about her being in the house until she moved her current partner in. He then threatened to move back in but couldn't....I don't know the legal reason why......it did however make my mate finally get around to buying him out of the property.......

[Barmaid]

You are not a tenant. At best you have a personal licence to reside.

As the joint beneficial owner and joint mortgagee her right is to apply to the Court for the sale of the property. Whilst your partner has been paying the mortgage this will need to be taken into account in any equitable accounting. However, it will equally need to be taken into account that you two have had the benefit of the property and must pay an occupation rent. The two will generally cancel each other out.

She can't evict you as you are not there as a trespasser. Nor are you there as a tenant. You have a licence from your partner. She must take it up with him. She can be as difficult as she likes. She could make an application to have you both thrown out, but that is unlikely to get very far. The only thing she can do (and has an excellent chance of succeeding on) is getting an order for sale.