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Change of name on shared ownership lease

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Singlemama
Singlemama Posts: 12 Forumite
in House buying, renting & selling
Hi,

This is my first post as I'm a bit confused about all this.

Exhusband bought 25% share of house in 2008 whilst married but only his name on mortgage and shared ownership lease.

He was abusive and kicked me and kids out of house in 2015 to live in a tiny flat. He kept house, cars and all savings. Not paid any maintenance since and had limited contact with kids. His choice.

Out of blue yesterday, he emails me saying he wants to leave the house to move 150miles away with his latest gf. He wants me to move in and take over paying rent.

Mortgage he said he'll pay as maintenance but he wants to transfer the shared ownership lease into my sole name so that he is no longer liable for it. Is this even possible?? Is he lying? He claims it isn't subletting because his kids will be living there.

Thanks for any help.
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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Mortgage, ownership and lease will all need to be in the same name(s), so you'd need to buy him out.
  • Singlemama
    Singlemama Posts: 12 Forumite
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    So he's lying to mess with me!
    Thanks for this.
    I'll ignore him.
  • Singlemama
    Singlemama Posts: 12 Forumite
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    He's now saying it's possible to add me to the lease as a joint lease holder. Would this be a horrendous idea?
  • da_rule
    da_rule Posts: 3,618 Forumite
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    It may be possible, depending on the terms of the lease. Some of these leases have scenarios where certain transfers are exempted (so can happen).

    What about the freehold element of the ownership?

    However, you would then be linked to your ex and should you ever want to sell the property then he could cause problems if he drags his feet.

    Also, I seem to recall that these types of leases often have a requirement that all the leaseholders occupy the property as their main/principle residence. Therefore your ex would be in breach of the lease, and as you would be jointly and severally liable, you would also be liable for the breach.
  • da_rule
    da_rule Posts: 3,618 Forumite
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    Also, the mortgage may have the same term about occupation, so he may also be breaching the terms of his mortgage.
  • Singlemama
    Singlemama Posts: 12 Forumite
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    The mortgage company have no qualms with me living there with the kids. I've already spoken to them.
  • Singlemama
    Singlemama Posts: 12 Forumite
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    And no, I am not overkeen on being linked to him forever but as he took all my savings and ran up £20k worth of debt in my name before he left, which he then defaulted on, I am going to struggle to get out of my tiny flat for years. If ever.

    Thats why it was a tempting idea.
  • parkrunner
    parkrunner Posts: 2,610 Forumite
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    Singlemama wrote: »
    Hi,

    This is my first post as I'm a bit confused about all this.

    Exhusband bought 25% share of house in 2008 whilst married but only his name on mortgage and shared ownership lease.

    He was abusive and kicked me and kids out of house in 2015 to live in a tiny flat. He kept house, cars and all savings. Not paid any maintenance since and had limited contact with kids. His choice.

    Out of blue yesterday, he emails me saying he wants to leave the house to move 150miles away with his latest gf. He wants me to move in and take over paying rent.

    Mortgage he said he'll pay as maintenance but he wants to transfer the shared ownership lease into my sole name so that he is no longer liable for it. Is this even possible?? Is he lying? He claims it isn't subletting because his kids will be living there.

    Thanks for any help.

    I somehow doubt that based on his previous behaviour.
    It's nothing , not nothink.
  • G_M
    G_M Posts: 51,977 Forumite
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    1) do you actually want to live there?

    2) what was agreed in the divorce settlement regarding property?

    3) If you take over ownership, why shoud you pay him rent? Makes no sense.

    4) what does you divorce lawyer suggest?
  • da_rule
    da_rule Posts: 3,618 Forumite
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    Singlemama wrote: »
    The mortgage company have no qualms with me living there with the kids. I've already spoken to them.

    That wasn't quite the point I was making, they may not have a problem with you living there, but they may have a problem with him not living there.
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