Divorce, The Marital Home and Reposession

makeitfolky

For the last four years I've been going through an extremely difficult divorce and financial settlement.

Most of the problem hinges on the marital home which I - in good faith but stupidly - vacated after our separation. To cut a long story short, my ex moved in her boyfriend and gave me an indemnity against future mortgage payments to allow her to continue living in the 5 bedroom house with my daughter (who is with me 3 days a week) and her boyfriend.

In December 2010, she stopped making payments on the mortgage and her boyfriend rang me to tell me I would have to make the payments on their behalf - something I cannot afford to do. We went into mediation after 6 months and she eventually agreed to place the house on the market. Despite numerous sale agreements, each of which fell through due to mortgage problems, we finally found out last week that the house has a structural problem and is not mortgageable by conventional methods.

My ex does not work, and has been on benefits for a substantial period of time. She claims this is due to illness though her doctor will not sign her off. Her boyfriend "moved out" of the house last year, but I know for certain he is still living there. My ex has not attempted to rent the spare rooms to help cover the mortgage.

The house is on the brink of repossession, and is currently unsellable. I wish to move back into the house, rent rooms, and get the house back on a stable footing. I could not afford to take on the house without renting rooms, and I cannot afford to support my ex and her boyfriend (who works) to continue living in the house - either with me or without me - and I will need to rent every room to pay off the arrears. I am remarried, and my new wife is extremely anxious about the prospect of having to live with my ex, and I really need to get her out of the house. There is nearly £200k of equity which I built up through overpayments and hard graft over 15 years, buying the house alone before we married. I really don't want to lose everything I worked for.

I can see no solution other than using brute force to get her out of the house, but I don't wish to upset my daughter, or fall foul of the law. Any suggestions or advise on how to proceed with this sorry mess of a situation would be very gratefully received.

pinkshoes

Presuming your name is on the deeds, then just move back in. Tell your ex that unless she wants to kiss goodbye to her share of the equity (£100,000), then she needs to move out and live elsewhere with her BF, whilst you rent the rooms out, sort the house out, then sell it.

Person_one

I recommend posting this on the House Buying, Renting and Selling board, lots of knowledgeable people there.

Why wasn't this sorted as part of your divorce?

makeitfolky

Thanks, I think that is ultimately where we are going. The whole process is complicated slightly in that I am 2 months into a 6 month tenancy, so can't just get up and move in (but that's my problem). This does buy her some time, but she does not have a penny for deposit or rent, and does not have a job, so I just don't know how she is going to do it. I am currently going cap in hand around my relatives trying to borrow some money to help her move out (Even my new In-laws have offered to pay her arrears).

makeitfolky

Thanks @person_one. She has consistently thwarted my attempts to financially settle. Before mediation she wanted 100% of the house and furniture to settle. In mediation she went to 75%. I have offered her 70% in the past. My solicitor advised about 53% would be the top she would be awarded if it went to court.

DS4215

So she has turned down 75% of *your* house? - How long did you own it before she moved in and how long were you married for?

makeitfolky

We were dating when I bought it and she moved in immediately. I put down a 30% deposit from the sale of my house I bought as a single man. In the time we were together she never once paid for a single bill, bought a single item of furniture or contributed to the mortgage, even when she was (sporadically) working. She did watch a lot of telly and run up debts on my credit cards. We were married for six years. Her claim to 50%+ is not in dispute. Her - and her boyfriend's - refusal (or inability) to pay their way is. After 4 years, and having made a bloody mess of the mortgage AND letting the house and garden fall into disrepair, I think she at least has a moral duty to get out and let me put it right...not that that will change anything, of course...

peachyprice

makeitfolky wrote: »

Thanks, I think that is ultimately where we are going. The whole process is complicated slightly in that I am 2 months into a 6 month tenancy, so can't just get up and move in (but that's my problem).

Could you not swap with her, she moved into th rented, you move back into the house. Presumably she'd get her rent paid by housing benfit if she's not working? Unlike the mortgage.

makeitfolky

Hi peachyprice - I have considered that. I would be concerned that it would be considered fraud, without the acquiescence of the Landlord, who may well be reluctant to allow DSS. It may well be worth pursuing.
I live about 10 miles away from her and she has indicated strongly in the past she would NOT be prepared under ANY CIRCUMSTANCES to move out of her town. Jeez...Sorry to keep chucking up problems, she really is the most difficult, stubborn person you could possibly imagine...

clearingout

did you have the finances signed off by a Judge when you divorced? If so, what does the Order say? Is it not possible to drag the whole thing in front of a judge quickly and get a ruling on where to go with it?

FBaby

Do you have concret evidence that her boyfriend is still living here and that she is claiming single parent benefits (what I concluded from your post). If that is the case, maybe you could threaten to report her and her boyfriend? It's terrible to get down to this, but she is currently holding you hostage unfairly...