Friday, October 24, 2014

CAN I CHARGE MY EX AND HIS G/F RENT ON MY HALF OF A JOINTLY OWNED PROPERTY?

Any help would be appreciated.
My ex & I spilt up 6 years ago after years of domestic abuse, leaving him & then having him back & then ultimately having been held at knife point over night. He was very apologetic as always and he said that he wouldn't do it again. I had finally had enough of the abuse and moved out.
His name was solely on the mortgage and title deeds but I had invested a substantial amount of money from the equity of the sale of my previous property. Everything was reasonably amicable between us regarding the property and communicated via e-mail and texts in the first couple of years in that he agreed that I was going to receive half the proceeds from the sale of the house. The house was placed on the market but it didn't sell.
He then started a new relationship and she moved in 3 years ago. This is when everything changed and he denied I was entitled to anything.
The matter went through the courts and it was ordered that restriction order was placed on the title deeds & I was awarded joint equity.
My ex has for the last 6 months not paid the mortgage & he tells my solicitor that the house is in the process of being repossessed.
In view of the fact that he is defaulting his mortgage, he and his girlfriend are living in the property without paying any mortgage or rent on my half of the property, can I charge rent on my half of the property? And, surely any arrears should be deducted from his half of the property is eventually sold?

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