Divorce, The Marital Home and Reposession

pinkshoes

Is her name actually on the deeds?

makeitfolky

I thought I'd give you an update on this. On the advice given here I went and spoke to my ex who agreed I it was inevitable I would have to move in to save the house. She was going to look for alternative accomodation, but I made it clear she could stay whilst we sorted things out.

Yesterday my new Wife's parents lent us the money to make some payment against the arrears on the house and I have given notice on my rented house.

Today, however, I received a call from her boyfriend informing me that he was now moving in legitimately (she's been on benfits, he has been living there unofficially) and that he would pay the mortgage. They have a very unstable relationship and I am not happy with this. I also found out that his 16 year old son has been living in the property unbeknown to me for nearly 6 months, for which no contribution for rent has been made.

This evening I went over to discuss the issue. I stayed as calm as possible in the circumstances. At one point, boyfriend left the room and went outside for 5 minutes. When I left the house an hour later, I found two of my tyres had been slashed.

I called the police who took a statement from me and interviewed the boyfriend, who denied everything. Whilst waiting for the AA he said to me with a wink "Saw your mates, the police - we got it all straightened out". He then said "You want to be careful round here - lots of things can get slashed...dogs...cats..." (were I to move in, I would need to bring my dog and two cats).

At this point, in anger I foolishly - I think - entered the house and retrieved some property (my old PC, which has been in contention, and for which I have the receipt), at which point he called 999 and said "Help, I'm being assaulted at <address>, stop hitting me...ouch..ouch" etc. The Police returned, at which point ex and Boyf retracted the assault claim and I got a dressing down from the Police and threatened with arrest for a breach of the peace.

As the AA finally hooked my car up to tow it away, Ex, boyfriend and son all stood at window laughing.

I continue to bite me lip...Any advice??

fluffnutter

And this guy (I assume) cares for your daughter along with your ex?? How old's your daughter?

merlin68

So your planning to make your daughter homeless, lovely person you sound. Normally the mother gets to keep the house until the child finishes education.

swingaloo

So your planning to make your daughter homeless, lovely person you sound. Normally the mother gets to keep the house until the child finishes education.

What a ridiculous comment, read the post properly, this guy is being dragged to hell and back by his ex. If I were him I would try to get full custody of the child- the mother sounds like a right piece of work.

merlin68

Take it from her point of view. If she's out of work, how was she supposed to make payments on a mortgage on benefits. Also how was a 16 year old meant to pay rent. You also can't rent out rooms if your on benefits because it will affect yourp ayments. where else is she supposed to live in a b and b?

mancitychick

merlin68 wrote: »

Take it from her point of view. If she's out of work, how was she supposed to make payments on a mortgage on benefits. Also how was a 16 year old meant to pay rent. You also can't rent out rooms if your on benefits because it will affect yourp ayments. where else is she supposed to live in a b and b?

Maybe not in a 5 bed house when there is
a) only two of them and
b) she cannot afford it!

makeitfolky

Merlin68: It is a 5 bedroom house. We went to sell it last year and she withdrew it from sale unless she received 100% of the equity. She was offered 70% of the equity which she refused. I bought the house as a single man. As she doesn't work, she could rent out the rooms and bring in a rental income of aprox £2400 per month, and put that money to renting a very nice three bedroom house and have plenty of change. She has refused to do this. I have offered to manage it for her. she has refused my help. She is in a corner of her own making, I'm afraid. My daughter lives with me nearly 50% of the time. She had been offered to keep the house until my daughter finished education, but I cannot afford to keep that house, her partner (who called me in January, recall, to tell me he wouldn't pay a penny whilst in the house) and my modest rented bungalow - I've made it quite clear that she can stay there if she can afford it - if she can't I will help her move. It's 14 months in arrears and THE BANK want to make her homeless. People move all the time.

The 16 year old is her partner's son. I'm expected to pay for him too?

Frankly, you are a prat.

schmouse

It seems that you have very few options left. The first would be for you to take over the house and purchase your ex-wife's interest in the property, or for her to take a charge over the property in respect of her interest which would be realisable at a later date. Your ex-wife doesn't seem to be in a position to keep the house as she cannot afford to pay the mortgage as it currently is, and there is no way she is going to get a mortgage in her sole name - so how are you going to get your name off the mortgage? It seems to me that she is not being very realistic. Relying on her boyfriend is even worse - why would he want to pay the mortgage on a house he doesn't own?
I appreciate that you cannot sell the house in the conventional way because of the problems you have found, but what about selling it at auction? If you make no headway with this soon, then perhaps you should consider taking this matter to court, in order to prevent the matter rumbling on for years!

FatVonD

Could you release enough equity to put down a deposit on a 2-bedroom buy as you let flat/house (of her choice) which you then rent to her with the rent being paid to you by DSS?

You move into the flat/house, sort it out, sell it then use the remainder of her half to pay off some/all of the buy to let mortgage then transfer it into her name.