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    • VickiL
    • By VickiL 9th Jun 17, 2:21 PM
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    VickiL
    Force of House Sale or Buy Out
    • #1
    • 9th Jun 17, 2:21 PM
    Force of House Sale or Buy Out 9th Jun 17 at 2:21 PM
    Hi my husbands ex partner (they were not married) have moved her new partner into the house that he jointly owns with her. He has severed the joint tenancy (they are now tenants in common) and was happy to have their 3 children (under the age of 18) live in the property with his ex. Can he now force a sale given that she has another adult (her new partner) living there. Is there any laws saying she must sell the house (or of course by him out) now she has another adult partner in the home or would my husband have to go to court and have the opinion of a judge on this.
    Thank you for any help
Page 1
    • Guest101
    • By Guest101 9th Jun 17, 2:43 PM
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    Guest101
    • #2
    • 9th Jun 17, 2:43 PM
    • #2
    • 9th Jun 17, 2:43 PM
    Hi my husbands ex partner (they were not married) have moved her new partner into the house that he jointly owns with her. He has severed the joint tenancy (they are now tenants in common) and was happy to have their 3 children (under the age of 18) live in the property with his ex. Can he now force a sale given that she has another adult (her new partner) living there. Is there any laws saying she must sell the house (or of course by him out) now she has another adult partner in the home or would my husband have to go to court and have the opinion of a judge on this.
    Thank you for any help
    Originally posted by VickiL


    Ofcourse theres no laws on this.


    He wont be able to force a sale whilst their kids are under 18.
    • gettingtheresometime
    • By gettingtheresometime 9th Jun 17, 3:11 PM
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    gettingtheresometime
    • #3
    • 9th Jun 17, 3:11 PM
    • #3
    • 9th Jun 17, 3:11 PM
    Presumably there was a written agreement that the ex could stay in the house whilst the children were under 18.


    I doubt very much that that agreement would have stated that the ex wasn't to move a new partner in


    My uneducated guess is that there is nothing your husband can do about it whilst appreciating that it might be annoying especially if he's still contributing to the mortgage
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


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    • VickiL
    • By VickiL 9th Jun 17, 3:16 PM
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    VickiL
    • #4
    • 9th Jun 17, 3:16 PM
    • #4
    • 9th Jun 17, 3:16 PM
    Not entirely true at all - a court could allow either of them a force of sale if there is deemed enough equity in the house and sufficient funds and income for both to purchase new homes. The fact is that my husband hasn't ever asked for that and subsequently is in a very difficult financial position because of it - but his children come first.
    But now she has another income in the household and if nothing else the mortgage lenders should know about it. We were wondering if anything else changes either automatically or through a court and we were looking for comments on this subject from possible experts - not just flippant posts
    • VickiL
    • By VickiL 9th Jun 17, 3:18 PM
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    VickiL
    • #5
    • 9th Jun 17, 3:18 PM
    • #5
    • 9th Jun 17, 3:18 PM
    There is no agreement in writing - she initiated a possible buy out some years ago as she wanted him off the mortgage but lied about the value and equity and only offered him 23% of the equity so all talks stopped.
    thank you for your comments though
    • anna_1977
    • By anna_1977 9th Jun 17, 3:28 PM
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    anna_1977
    • #6
    • 9th Jun 17, 3:28 PM
    • #6
    • 9th Jun 17, 3:28 PM
    Hi
    I'm not sure who you think has been flippant I have read the couple of comments and didn't feel they were.

    Just wondering why you think the mortgage lenders should know? As long as the mortgage is being paid what's the issue?

    You can go to court to try to force the sale of the house, my brother did this successfully with his ex (two kids under 18) but it also cost over £10k in fees so is it really worth it.

    Really I'm not sure what the issue is - she's got a new partner and he's living in the house. You're married to the other half of that broken relationship ......
    • gettingtheresometime
    • By gettingtheresometime 9th Jun 17, 3:50 PM
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    gettingtheresometime
    • #7
    • 9th Jun 17, 3:50 PM
    • #7
    • 9th Jun 17, 3:50 PM
    Who has been paying the mortgage? Her, him or half and half?


    To be honest, whilst it might have been easier at the time, he was a little naïve not to get an agreement at the time of the split about the house. I would have also expected an agreement include information re payment of the mortgage / equity split to save any further disagreements.


    Anna_1977 I'm only guessing but perhaps it could be something to do with the fact that whilst there is (presumably) a mortgage in both their names, the OP's husband is financially tied to his ex as well as being liable for extra stamp duty should he want to buy a property with the OP
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • Guest101
    • By Guest101 9th Jun 17, 4:18 PM
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    Guest101
    • #8
    • 9th Jun 17, 4:18 PM
    • #8
    • 9th Jun 17, 4:18 PM
    Not entirely true at all - a court could allow either of them a force of sale if there is deemed enough equity in the house and sufficient funds and income for both to purchase new homes. The fact is that my husband hasn't ever asked for that and subsequently is in a very difficult financial position because of it - but his children come first.
    But now she has another income in the household and if nothing else the mortgage lenders should know about it. We were wondering if anything else changes either automatically or through a court and we were looking for comments on this subject from possible experts - not just flippant posts
    Originally posted by VickiL


    What's it got to do with the mortgage lenders?


    - I'm pretty good on my housing law. There is no law that states a BF in anyway changes the situation. Courts are very unlikely to force a sale whilst children are under 18, and a forced sale costs £5-25,000 - goodluck.
    • VickiL
    • By VickiL 9th Jun 17, 6:29 PM
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    VickiL
    • #9
    • 9th Jun 17, 6:29 PM
    • #9
    • 9th Jun 17, 6:29 PM
    Because it leaves him in a very difficult position financially not having his money from the house. He is of course prepared to pay for his children but now that his ex partners financial situation has changed and improved he would like his to improve too.
    I guess it is very easy to not see what the problem is when you are not aware of most of the background
    • VickiL
    • By VickiL 9th Jun 17, 6:33 PM
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    VickiL
    Legally anyone over the age of 18 in residing in a house has rights - the mortgage lenders like to know of these things. Ask your own they will give you the same answer.
    As I said before the courts will force a sale if the equity in the property allows both people to afford new homes combined with their household incomes - she can afford it but he wouldn't ever push a sale in the interests of his children - but things have changed with her situation
    • Kynthia
    • By Kynthia 9th Jun 17, 8:36 PM
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    Kynthia
    Legally anyone over the age of 18 in residing in a house has rights - the mortgage lenders like to know of these things. Ask your own they will give you the same answer.
    As I said before the courts will force a sale if the equity in the property allows both people to afford new homes combined with their household incomes - she can afford it but he wouldn't ever push a sale in the interests of his children - but things have changed with her situation
    Originally posted by VickiL
    I'm not aware of any mortgage lender requiring notification of other adults living in the property after the mortgage has been taken out even though many ask the question when initially taking the mortgage. You are supposed to request permission if you want to let the property out, and some want to be notified if a lodger moves in but not all. So legally the boyfriend moving in makes no difference.

    OP this is why finances should be sorted when people break up as circumstances change and people get resentful. He needs to have an idea of what the property is worth, deduct what the outstanding mortgage is, take a little off for typical selling costs (mortgage redemption fee, solicitor fee, estate agent commission, etc) and then halve it. That is the most he can ask for and if his ex can't or wont pay it he needs to decide if he'll take less to avoid the cost of forcing a sale, or whether to initiate court proceedings.
    Don't listen to me, I'm no expert!
    • Spendless
    • By Spendless 10th Jun 17, 7:21 AM
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    Spendless
    My friend's divorce did say that she could occupy the marital home until either their youngest left FE education OR she re-married or co-habited. She ended up paying her ex-h out when a boyfriend moved in. In my f riend's case they were married though. I would seek some legal advice.
    • pinkshoes
    • By pinkshoes 10th Jun 17, 8:01 AM
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    pinkshoes
    Is she now in a position to buy him out with the new partner? I would push this option and agree a market value.

    He could also threaten to move back in if she doesn't want to sell!? That might get her to reconsider!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • FBaby
    • By FBaby 10th Jun 17, 5:57 PM
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    FBaby
    I totally disagree Guest. The reason why many (not all) resident parents get to stay in the joint house is because there is an assumption that they are not in a financial position to keep a similar way of life to the children and judges will always prioritise the stability of children.

    This means that if someone moves in with them and can afford to buy them out or together could buy another property then it's a totally different matter.

    It's happened to a close friend of mine. An order was made for the house to be sold although in her case her ex made a case that his new children were disadvantaged from him not being able to get another mortgage when she and new partner earned enough combined to do so. She tried to justify that the relationship wasn't tested yet and she didn't to commit to a mortgage with her new partner but the judge ruled against her.
    • cjdavies
    • By cjdavies 10th Jun 17, 6:34 PM
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    cjdavies
    Presumably there was a written agreement that the ex could stay in the house whilst the children were under 18.


    I doubt very much that that agreement would have stated that the ex wasn't to move a new partner in


    My uneducated guess is that there is nothing your husband can do about it whilst appreciating that it might be annoying especially if he's still contributing to the mortgage
    Originally posted by gettingtheresometime
    Also to add surely he would have thought about this considering he moved on and married OP.
    • Primrose
    • By Primrose 10th Jun 17, 8:33 PM
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    Primrose
    If your husband owns half the property, is not living there and is paying the mortgage seek legal advice as I,m pretty sure he's probably entitled to demand rent from the new boyfriend who is living with his ex for his occupation of part of the property. I doubt whether he would easily be able to force a sale though.

    Another point to remember. As the house is no longer your husband's residence, if the property does get sold your husband will be forced to pay capital gains tax on his share of any profit on the property after the mortgage is paid off. Along with legal fees this could cost a lot of money and end up swallowing much of his equity in the property.
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