Help needed!!

abi3wine

If it's tenants in common, what does that mean?? does it not make a difference re who's been paying the mortgage?? She agreed to the fact that nothing financial would be paid out, that's what I meant by nothing on the financial settlement.

RAS

What exactly does it say in the financial settlement about the house? and about mum?

Tenants in common specifies who get how much, percentage wise. Joint tenancy assumes 50/50.

In both cases, you could argue that since you paid you got more but there has been at least one recent court case where one partner paid all the mortgage after the relationship broke down and the ex got 50 percent of the sale price. They were not married, but unless your financial settlement is explicit, you could end up in the same situation.

abi3wine

Ah, I'll check but not sure there is a financial statement as the 'house' where her mum is living was in dispute. Divorce went through without it. So if joint tenancy can a sale be forced? Is it worth getting the tenants in common sorted whilst nothing is being resolved?

RAS

if you want to change the deeds, you will have to get her consent. She is not going to consent to something that is to her disadvantage, is she.

Also, even if you got a 70/30 split now, you could lose out in the future.

And that does not solve mum, who will be able to claim adverse possession if you do nothing.

Please, please get legal advice urgently.

abi3wine

I see! What do you think could happen? Can't really afford legal advice either!! What could they tell me differently??! Thanks for all your help with this by the way, you've been great!

NAR

abi3wine wrote: »

I see! What do you think could happen? Can't really afford legal advice either!! What could they tell me differently??! Thanks for all your help with this by the way, you've been great!

What could happen is you could come into an inheritance, win the lottery etc and your ex could claim a portion of it.
See a solicitor and get a clean break settlement organised as soon as possible. This could also resolve your sitting tenant problem.
Your divorce solicitor did not do a very good job allowing this situation to fester.

abi3wine

Ok, thanks. If we get a clean break settlement (not sure we have, may need to check the papers) how would this help with the tenant issue that we have??

NAR

Because you could insist on the sale of the house as part of the settlement.

RAS

I shouls also add that right now if you pop your clogs, the missus gets the house even though you are divorced.

Do you have life insurance to cover the mortgage? Either cancel it or make someone esle the beneficiary.

G_M

G_M wrote: »

How much is the mortgage (NOT the monthly repayments - the outstanding capital owed) and how much is the property worth?(current value?) ie what equity is there?
You said there is equity - A lot? Enough to fight over?
Three options:
1) Agree with ex to change the status quo - ideally for mother to move out and house to be soldOK clearly ex is not going to agree to anything
2) Stop paying the mortgage, wait for the Lender to threaten to reposess, which forces ex to reconsider and agree to 1) above Still a good option
3) Stop paying the mortgage, wait for the Lender to actually reposess, A reasonable option but the repossession will (I think) show on your credit file. It gives you the clean break you need though
4) Get a court order allowing you to sell the property without ex-s consent See below

MIL is living there legally since she has the permission of one of the owners. So eviction will be hard. You could move in with her, start renovating /decorating/turn off the water to re-do the plumbing........)

But the house question is tangled up with the divorce/financials question - a divorce lawyer is needed.

As for getting an enforced sale via the courts, read this link.

Or google "court order force property sale joint owner"

Or this from Shelter:
Ordering a sale

If you are a joint legal owner, or you don't own the property but have a beneficial interest, and you and your partner can't agree on whether the home should be sold, you can apply for an order for sale from the courts.
An order for sale will declare any beneficial interest and can order or delay the sale of a home. Many different couples can use this option, whether they are married or engaged. You will need to get advice from a solicitor before taking action, and apply through the county court.