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Help needed!!
abi3wine
Posts: 23 Forumite
Hi
I own a house with my ex and I think we have an excluded occupier (her mother). Things are complicated. I pay all the mortgage as my ex is 'depressed' and is now not working and decided that she didn't have to pay. I didn't want to default on the mortgage. I am also paying maintenance throught the CSA although I have my child 50% of the time and often more, so kind of begrudge paying my ex any money when she has our child, as she doesn't pay me when we have her! Anyway. Not sure what my rights are as I own the house with her so presume we both have to make any decision re the house. It was a family arrangement some time ago, well before the split and her mother lives there without paying rent. Want to end the situation but not sure if I can force a sale? Evict her, or what?
Need some advice
I own a house with my ex and I think we have an excluded occupier (her mother). Things are complicated. I pay all the mortgage as my ex is 'depressed' and is now not working and decided that she didn't have to pay. I didn't want to default on the mortgage. I am also paying maintenance throught the CSA although I have my child 50% of the time and often more, so kind of begrudge paying my ex any money when she has our child, as she doesn't pay me when we have her! Anyway. Not sure what my rights are as I own the house with her so presume we both have to make any decision re the house. It was a family arrangement some time ago, well before the split and her mother lives there without paying rent. Want to end the situation but not sure if I can force a sale? Evict her, or what?
Need some advice
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Comments
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Stop paying the mortgage is the quickest way.0
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Can't, it's in my name too and we would default. I would get bad mark against my name!0
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Sounds complex. If your wife is now not working, she won't have the money to pay the mortgage. If you evict her, where will your wife and child live?
Your maintenance can be reduced by the time that you have your child. So your liability reduces the more you have your child.
If the total income is your earnings plus any benefit your wife is entitled to, that needs to pay for two homes. Is that possible with the costs of the mortgage plus your rental/ mortgage costs? If not, the fact your wife is now not working means you all need to reconsider the set up.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
See a solicitor! it doesn't seem right to me that a parent should pay 100% maintenance if they have they child 50% of the time AND pay 100% of the mortgage. You could be able to force a sale but I guess that depends on how much, if any, equity there is and whether you are joint-tenants or tenant-in-common. Either way, a child needs to be properly housed.
Have you asked this question on the "Relationships" forum? I suspect there are more experienced folk on there who know about this kind of situation.0 -
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Are you married/divorced,/what?If you've have not made a mistake, you've made nothing0
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Thanks Silvercar, my ex doesn't live in the house. She lives in another house somewhere. It's her mother that lives there and we both own it!0
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Just to clairfy - we are divorced, she lives in her house I live in mine. We own another house together that her mother lives in. Even though we own it together, I pay all the mortgage as she 'didn't want to' and I didn't want a mark of defaulting. The further gripe is the maintenance as nothing takes the mortgage into consideration! I'm more concerned about how I end the fact that we own the house together that her mother lives in (paying no rent), when nobody will talk with me, and her mother won't let me in to make any repairs etc?!0
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So. The mother lives alone in a property owned by both of you?
Do you also own the house where you live?
Does your ex own the house where she lives?
Seems like the child issue is separate - evicting mother and/or selling the house will not affect the child's home, or the maintenance issue.
How much is the mortgage and how much is the property worth? ie what equity is there?
Three options:
1) Agree with ex to change the status quo - ideally for mother to move out and house to be sold
2) Stop paying the mortgage, wait for the Lender to threaten to reposess, which forces ex to reconsider and agree to 1) above
3) Stop paying the mortgage, wait for the Lender to actually reposess,
4) Get a court order allowing you to sell the property without ex-s consent
Finally- remeber Capital Gains Tax. If youy DO sell the property, and there is a capital gain in the value, it may be taxable as it's not your main home.0 -
Was nothing included regarding this house in the financial settlement?
How long has MIL lived there?If you've have not made a mistake, you've made nothing0
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