Tricky one - advice gratefully received

princeofpounds

If you cannot agree a resolution, you need to be looking at applying to court for an order to force a sale.

Does the property have a mortgage on it? What is the equity? What should happen is that she should pay you yout (roughly) 50% of the equity and assume responsibility for 100% of the mortgage from then on.

125k would only make sense if there was no mortgage and 100% equity on a 250k house, so either you have not described the situation properly or you have a really odd idea of how to settle the problem.

Alternatively you both sell and split any equity left over.

Anyway, that aside people aren't generally permitted to hold 'captive' their co-owners equity indefinitely. You should research offering a mediation process, and then if that doesn't work look at getting the aforementioned sale order.

PS it is good you are not trying to get petty, and bankruptcy is a silly way to resolve the situation.

Mgreen17_2

How do you know it's a £250k house?

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As we know the area well - and had it valued 3 times by separate EA.
A lot of houses sell for 250K that round this way (weybridge) due to the stamp duty bracket.

Mgreen17_2

Cheers all - can someone tell me if she can legally just let the "lodger" stop paying rent and now stay permanently as her guest though?

pimento

I reckon she can.

Negotiate with her and be rid.

princeofpounds

Yes she can. Mind you, if you are on the deeds, you can walk back in and chuck him out (not with violence though - you would need to call police to avoid a breach of the peace, with evidence to prove who you are and that you are on the title). But then she can let him back in. Then you can throw him out again. And the situation continues to be absurd...

PasturesNew

I'd make some snide remark about free sex and at least the girls you visited when you were with her had the self-esteem to fix a price.

Oh .... what PrinceOfP said - visit a solicitor, get a legal/formal force of sale and shove that in her pipe to smoke.

devotee

Mgreen17 wrote: »

Cheers all - can someone tell me if she can legally just let the "lodger" stop paying rent and now stay permanently as her guest though?

I think she can but you should not subsidise him. If it's her choice to have a non paying guest, then she should pay for him, not you.

Sorry mate, you are being a mug. Put the house on the market, if she wants to buy you out, then she can do it at a full market price.

Annisele

Any money the new boyfriend pays towards the mortgage is entirely between him and your ex - nothing to do with you, and nothing you can legally do to make him pay anything.

The bills for the house are the responsibility of the occupiers of the house. So long as the electricity company etc know that you've moved out, those bills are nothing to do with you and you don't need to know or care who pays for them. (If the house was unoccupied, things would be different - but it isn't).

The mortgage for the house is the responsibility of you and your ex. The lender doesn't care where you get the money from - employment income, from the new boyfriend, whatever - so long as it gets paid.

Either of the owners can have guests. If she chooses to have her new boyfriend as a guest, then the situation is as PrinceOfP said - any attempt by you to chuck him out would descent into farce PDQ.

So - back to the question of how much equity there is.

inspirespirit

RedwoodBrook wrote: »

Did a quick bit of research on the net and that seems to be the case! Phew

it does NOT require both signatures for house to be put up for sale. we have just been through this. It does require both signatures for the contract.

Mgreen17_2

There is about £50K equity in the property.
We had £25K deposit each and the house is worth approx what we paid for it.

Again - cheers for the advice.

ps - she wont negoaite. I have come down three times and she has not moved. She holds all the aces and just wants me to get so upset about it I just give in.