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Order of sale and forcing an ex out...
dreamdreamer
Posts: 619 Forumite
Hi all,
Not usually on this board but now need some advice. My OH and I own a house on a joint mortgage. OH also has another house that he bought with an ex at the height of the property boom. Because when they split up the house had negative equity they decided to keep it.
His ex lives in it, OH "pays" the mortgage out of his account but she pays him half and a lodger pays the other half. Today the lodger announced to him he was moving out. He got the ex pregnant (quite heavily, and both had failed to mention this!) and they've split up. This means they HAVE to sell the house because OH can't afford to pay half the mortgage on top of our own, and his ex can't afford to take over the whole mortgage.
The problem is his ex is digging her heels in now and saying she can't afford to move out, can't afford rent (it's an extremely affluent area) and can't houseshare because of the baby.
Where do we stand in terms of forcing the sale of the house? In an ideal world OH would like to buy her out and rent it out until it makes some money back but I'm not sure this can be forced - is it only a sale that can be forced? The concern is that if we apply for an order of sale it'll be rejected because we're essentially making her and an unborn child homeless... although in reality she has her entire family in the same village so she'll always have somewhere to go. Anyway itt sounds harsh but that's not our problem, and we can't afford to support them!!
Thanks for any advice...
Dreamer xx
Not usually on this board but now need some advice. My OH and I own a house on a joint mortgage. OH also has another house that he bought with an ex at the height of the property boom. Because when they split up the house had negative equity they decided to keep it.
His ex lives in it, OH "pays" the mortgage out of his account but she pays him half and a lodger pays the other half. Today the lodger announced to him he was moving out. He got the ex pregnant (quite heavily, and both had failed to mention this!) and they've split up. This means they HAVE to sell the house because OH can't afford to pay half the mortgage on top of our own, and his ex can't afford to take over the whole mortgage.
The problem is his ex is digging her heels in now and saying she can't afford to move out, can't afford rent (it's an extremely affluent area) and can't houseshare because of the baby.
Where do we stand in terms of forcing the sale of the house? In an ideal world OH would like to buy her out and rent it out until it makes some money back but I'm not sure this can be forced - is it only a sale that can be forced? The concern is that if we apply for an order of sale it'll be rejected because we're essentially making her and an unborn child homeless... although in reality she has her entire family in the same village so she'll always have somewhere to go. Anyway itt sounds harsh but that's not our problem, and we can't afford to support them!!
Thanks for any advice...
Dreamer xx
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Comments
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Not sure where you stand legally on forcing a sale or forcing her out of the house, but is she open to the idea of another lodger (not a partner this time?!).
You say that the house was in negative equity when they split - is that still the case now, or has it improved at all?0 -
Why can't preggo ex take in another lodger and sh@g that one, too?0
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Who owns the other house? In other words, who would the mortgage company come after?
TBH, it all sounds like a bit of a dodgy deal to me. His ex and the lodger are living as tenants but it doesn't sound like your OH is a proper landlord as there doesn't appear to be any tenancy agreements in place. The chickens are coming to roost on this one. Another dodgy landlord about to get his comeuppance. Your OH's worst nightmare is a pregnant woman in his house.
I'm of to get some popcorn. LOL.Everyone is entitled to my opinion!0 -
dreamdreamer wrote: »The problem is his ex is digging her heels in now and saying she can't afford to move out, can't afford rent (it's an extremely affluent area) and can't houseshare because of the baby.
What's your partner's relationship like with the ex's parents / family? She sounds quite deluded in terms of financially supporting herself. Would he be able to talk to them about the situation at all or are they as bad as she is?
I'm assuming the lodger has no intention of financially supporting his baby?!0 -
OP's OH never was a Landlord. OH and ex are owners, so lodger really was a lodger and no dodgy Landlord in sight. Hope that this explanation of the plot helps you enjoy your popcorn.Who owns the other house? In other words, who would the mortgage company come after?
TBH, it all sounds like a bit of a dodgy deal to me. His ex and the lodger are living as tenants but it doesn't sound like your OH is a proper landlord as there doesn't appear to be any tenancy agreements in place. The chickens are coming to roost on this one. Another dodgy landlord about to get his comeuppance. Your OH's worst nightmare is a pregnant woman in his house.
I'm of to get some popcorn. LOL.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
The OP's ex isn't resident at the property where he has a (I presume) residential (joint) mortgage. What's not dodgy about that? The mortgage is coming out of his account and he lives at a different property. Where are the mortgage letters going?Everyone is entitled to my opinion!0
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Well not the case that lodgers unwilling to share with babies. Why can't she advertise as being a child or even baby friendly flat share?0
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We don't know whether OP has an ex. This is all about OP's OH and OP's OH's ex. OP's OH's ex lives a the property and the mortgages are not going to OP's ex, because even if OP had an ex, the property is nothing to do with them.The OP's ex isn't resident at the property where he has a (I presume) residential (joint) mortgage. What's not dodgy about that? The mortgage is coming out of his account and he lives at a different property. Where are the mortgage letters going?
Do try and keep up, else you will lose the plot.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
StephNotts wrote: »Why can't she advertise as being a child or even baby friendly flat share?
Baby friendly ?
I can think of nothing unfriendlier for a lodger, than coming home to steaming nappies, chaos, sick, crying, being woken up in the night, toys everywhere, having to agree the toothless gimp looks handsome, hearing coochy coochy coo non-stop when the rugby is on, having to sit through hours of cbbc, seeing the mother hormonally crying all day in a stained dribbled-on dressing gown whilst downing wine and anadin and saying how she wants to end it all, being left the sprog in your care as she goes out on the pull then brings home the latest bloke for a one nighter, the list goes on.........
I'd want £100 a week to live there.0 -
Why is OH still paying the mortgage if he doesn't live there? If he stopped paying, the house would probably have to be sold, therefore a clean break, etc.0
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