Q My ex-partner and I bought a house together, which was registered as joint ownership. When we separated I moved and worked abroad on the understanding she would remain as the sole occupant until such time as I could raise the funds to buy her out. Being in that situation now, I contacted her and was informed she has let the property.
It would be my understanding that a joint ownership property would require both parties to consent to letting the property, or am I wrong? Would the letting agent not be required to check and seek consent from both owners before letting the property? Furthermore, how would one seek to gain an equal share of the rent paid? DK
A No you are not wrong in your assumption that letting agents require the consent of both (or all) joint owners before letting a property. So it looks as though your ex has glossed over the fact the property is jointly owned in her dealings with her letting agent. So I suggest you get on to the agent to make the situation clear and to ask for half the rent to be paid to you.
However, this assumes she has used a letting agent to find her tenant. If she hasn't you will need to tackle her directly. If you haven't been contributing to the mortgage while abroad, she may feel she is justified in keeping all the rent in order to pay the mortgage. But whether you are contributing or not, if you are still named on the mortgage you might want to consider checking with your mortgage lender whether your ex has its permission to let the property.
Source: http://www.guardian.co.uk/money/2011/apr/20/house-let-owners-consent
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