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    • Singlemama
    • By Singlemama 9th Jul 17, 10:43 AM
    • 7Posts
    • 0Thanks
    Singlemama
    Change of name on shared ownership lease
    • #1
    • 9th Jul 17, 10:43 AM
    Change of name on shared ownership lease 9th Jul 17 at 10:43 AM
    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.
Page 1
    • davidmcn
    • By davidmcn 9th Jul 17, 10:52 AM
    • 5,772 Posts
    • 5,528 Thanks
    davidmcn
    • #2
    • 9th Jul 17, 10:52 AM
    • #2
    • 9th Jul 17, 10:52 AM
    Mortgage, ownership and lease will all need to be in the same name(s), so you'd need to buy him out.
    • Singlemama
    • By Singlemama 9th Jul 17, 10:54 AM
    • 7 Posts
    • 0 Thanks
    Singlemama
    • #3
    • 9th Jul 17, 10:54 AM
    • #3
    • 9th Jul 17, 10:54 AM
    So he's lying to mess with me!
    Thanks for this.
    I'll ignore him.
    • Singlemama
    • By Singlemama 9th Jul 17, 12:03 PM
    • 7 Posts
    • 0 Thanks
    Singlemama
    • #4
    • 9th Jul 17, 12:03 PM
    • #4
    • 9th Jul 17, 12:03 PM
    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
    • By da_rule 9th Jul 17, 12:11 PM
    • 2,491 Posts
    • 2,219 Thanks
    da_rule
    • #5
    • 9th Jul 17, 12:11 PM
    • #5
    • 9th Jul 17, 12:11 PM
    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
    • By da_rule 9th Jul 17, 12:13 PM
    • 2,491 Posts
    • 2,219 Thanks
    da_rule
    • #6
    • 9th Jul 17, 12:13 PM
    • #6
    • 9th Jul 17, 12:13 PM
    Also, the mortgage may have the same term about occupation, so he may also be breaching the terms of his mortgage.
    • Singlemama
    • By Singlemama 9th Jul 17, 12:40 PM
    • 7 Posts
    • 0 Thanks
    Singlemama
    • #7
    • 9th Jul 17, 12:40 PM
    • #7
    • 9th Jul 17, 12:40 PM
    The mortgage company have no qualms with me living there with the kids. I've already spoken to them.
    • Singlemama
    • By Singlemama 9th Jul 17, 12:46 PM
    • 7 Posts
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    Singlemama
    • #8
    • 9th Jul 17, 12:46 PM
    • #8
    • 9th Jul 17, 12:46 PM
    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
    • By parkrunner 9th Jul 17, 12:56 PM
    • 623 Posts
    • 922 Thanks
    parkrunner
    • #9
    • 9th Jul 17, 12:56 PM
    • #9
    • 9th Jul 17, 12:56 PM
    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.
    Originally posted by Singlemama
    I somehow doubt that based on his previous behaviour.
    • G_M
    • By G_M 9th Jul 17, 12:58 PM
    • 41,049 Posts
    • 47,154 Thanks
    G_M
    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
    • By da_rule 9th Jul 17, 3:00 PM
    • 2,491 Posts
    • 2,219 Thanks
    da_rule
    The mortgage company have no qualms with me living there with the kids. I've already spoken to them.
    Originally posted by Singlemama
    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.
    • Singlemama
    • By Singlemama 9th Jul 17, 3:06 PM
    • 7 Posts
    • 0 Thanks
    Singlemama
    Sorry, I wasn't clear. They didn't have an issue with him not living there either.

    I think he would pay the mortgage as he hates debt in his name and he'd never default on his own stuff. That's why all debt is in my name.

    I think as he only owns 25%, i'd have to pay rent on the remainder. Is that how it works?
    • Singlemama
    • By Singlemama 11th Jul 17, 6:55 AM
    • 7 Posts
    • 0 Thanks
    Singlemama
    Naively, I didn't get legal help with the divorce as I just wanted it dealt with. I now realise this was silly.

    In the divorce consent order, the house was to remain his and for him to live there. He has been unemployed for over 2 years and is saying he can no longer afford the running costs. Hence why he wants us to move in instead.

    The housing association haven't said whether it's possible yet. The mortgage company have said it is. It's so confusing.
    • Penitent
    • By Penitent 11th Jul 17, 8:47 AM
    • 1,360 Posts
    • 4,135 Thanks
    Penitent
    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.
    Originally posted by Singlemama
    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.
    Originally posted by Singlemama
    Ever heard the phrase "the best predictor of future behaviour is past behaviour"? There is absolutely no circumstance under which I'd enter into this kind of arrangement with an abusive ex, as nothing he does is going to be for your benefit. Frankly, it's better to continue living in the tiny flat than to allow this person any kind of control over your life, which is what he'll have if you're living in a property which he has a financial interest in. If he can't afford to run it, he should sell it--maybe he can use some of the proceeds to support his children?
    • kingstreet
    • By kingstreet 11th Jul 17, 9:22 AM
    • 31,913 Posts
    • 17,057 Thanks
    kingstreet
    Is there a massive bill for repairs/improvements due?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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