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marliepanda

shortbread wrote: »

Yes it is a horrid situation that could have been solved 3 years ago...alas it wasnt. Yes she paid bills, but Im simply pointing out that he paid out the mortgage and always has.
As for the rent...this is simply something I've learnt about. If shes excluding him from the house then he may well be advised to do this. She was never excluded she chose to leave.

I dont think I mentioned kicking her out if we lost our accommodation,but surely then my partner would have every right to move back there?

You are correct it is more bother than its worth....but I cant force my partner to just give up and let go of trying to hold onto something hes worked hard to get.

Yep you could move back. But she would have the right to stay also. So you could live together....

Unfortunately it is not his house. It is their house, and unless she agrees to come off the mortgage, it will always be their house.

I dont know what 'her' legal obligations are to the house. I believe with a joint mortgage that both parties are equally liable for the mortgage. So, it doesnt matter that she hasnt paid as the mortgage has been paid and thats all that matters. Could be wrong though...

DVardysShadow

marliepanda wrote: »

.... I dont know what 'her' legal obligations are to the house. I believe with a joint mortgage that both parties are equally liable for the mortgage. So, it doesnt matter that she hasnt paid as the mortgage has been paid and thats all that matters. Could be wrong though...

There are 2 aspects to that question.

As far as the lender is concerned, as long as someone pays the mortgage, that is the end of it. Job done.

But between the 2 of them, there is all kinds of scope to argue who paid what.

Kynthia

Your partner and his ex will forever be joined unless they sell the house or one can take over the mortgage from the other. It is unlikely that the mortgage company will let your partner take on the mortgage if he's not earning enough.

Both are owners of the property so I doubt either can be forced to pay rent to the other or exclude each other from the property. If they were married then there are laws on the division of assets. If they weren't and didn't make any legal agreements on what would happen in they split, then one would have to take the other to court to get a decision made if they can't agree what to do with the house.

Emmzi

shortbread wrote: »

Emmzi I wanted to know if anyone knew about his rights as she has said she wants back in and will go to court to keep him out...Id say a lot has changed since previously when she wanted it sold!!! I wanted to know information about where he may stand with regards to this such as does he have to agree etc...what if he doesn't?? Someone mentioned her having to pay him rent? Again its not about advice on selling it, its about advice on his rights, not what people think he should do.


Its my business when i see my partner losing sleep over it, its my business when my partner asks me to find out if I can get any information on here.

It may seem logical to you to sell but if it was your house that youd paid for the last 20 years, maybe then it wouldn't be so easy to walk away from if you didn't think you'd get back on the property ladder. It is easy to give advice on what YOU think he should do, but its more about actual INFORMATION on his his actual rights rather than people saying I think you should sell, I think you should sell....Obviously I do appreciate the input, but I guess you are simply missing the point of He's seeking Information rather than someones thoughts on what he should do. There is always someone who knows more about his legal position than we do.....Thats why I continually ask for information here as so often I find out things I didn't know. I guess I prop up his financial decisions because I was actually living there and well more often than not you usually help out those you care for when you are in a relationship??? So Im really not looking for relationship advice!!! As for staying attached to her, this is something he has been trying to end..wanting to keep the house and have her off the mortgage isn't staying attached to her is it??

I'm really not missing the point, but I see you driving yourself mad with it, and I worry about YOU.

His rights are to live in the house, as are hers.

His obligation is to pay the mortgage, as is hers.

That is really all there is to it. There is no equity to argue over, so it doesn't matter who paid what, no one is coming out of it with anything. They both keep paying or they both get a trashed credit rating, I suspect that's a important thing if you are going to run a pub. And he's been chucking money away on solicitors.

If he wanted to be shot of her he would be by now. One of the best things he could do would be to sign over the property to her if she could get a mortgage. Just walk away and start again. With your contributions to their mortgage and what he's paid in solicitors fees you'd probably have had a decent deposit by now for your joint home together. Why isn't he focussed on that? People should be more important than things!

What he hasn't come to terms with is that prices go up as well as dwn, and that he has in effect been paying rent on this property, nothing more. And no amount of hanging on to *this* house is going to change that.

If he has had it for 20 years he must be what, 40 ish? Older? Too old to be clinging on to the past.

shortbread

Quite correct Emmzi it is driving me mad and although I care about my partners despair I guess he needs to decide what is more important. He is going to lose the house to her as she has rights....so he needs to just get on with it.

Its all about feeling sorry for his fight and it not being resolved but you are right its not my fight.

He was with her a long time and yes you are right he needs to be a grown up and stop clinging to the past....Im in the present and perhaps wont feature in his future if he doesn't let go...

Again while I see why he wants to hold onto the house, perhaps after all this time he should just let it go, or find a way to get her off the mortgage such as buy to let. She doesn't have anywhere near enough income to take on the mortgage by herself so if he is willing to be tied up to her for another 11 years, then he needs to realise that I'm not.

Thank you all for your input...Clarity called today and she has been very helpful in my thoughts about this situation.

xx

DVardysShadow

shortbread wrote: »

Quite correct Emmzi it is driving me mad and although I care about my partners despair I guess he needs to decide what is more important. He is going to lose the house to her as she has rights....so he needs to just get on with it.

Its all about feeling sorry for his fight and it not being resolved but you are right its not my fight.

He was with her a long time and yes you are right he needs to be a grown up and stop clinging to the past....Im in the present and perhaps wont feature in his future if he doesn't let go...

Again while I see why he wants to hold onto the house, perhaps after all this time he should just let it go, or find a way to get her off the mortgage such as buy to let. She doesn't have anywhere near enough income to take on the mortgage by herself so if he is willing to be tied up to her for another 11 years, then he needs to realise that I'm not.

Thank you all for your input...Clarity called today and she has been very helpful in my thoughts about this situation.

xx

This is about the limits of your legitimate input into the situation. The house is for them to sort out and I think you are seeing that you don't have - or even need any input either way.

But perhaps you should be insisting that it is sorted one way or the other on a time scale which sees all links with his ex severed completely and finally within 2 years - and agreements on how much sooner than that. Probably this issue is ready to go to the relationship board, because it looks to me like the ex is having a go at the pair of you via this property.

greenface

The ex is more a partner than you while they both own property together. The ex will always own half if your partner continues to pay for it and she decides not to sell. Ending the agreement between the two will probably be difficult and involve expensive solicitors but needs to be done. She has to agree with this and to make it as attractive as possible without costing too much .Good luck.

Tamsin_Temrin

Kynthia wrote: »

Your partner and his ex will forever be joined unless they sell the house

Important bit. Someone is determined to keep this link going.

Pricivius

I think it was me that may have mentioned rent so I just wanted to clarify my point...

If a property is owned jointly, then both parties have the right to occupy. If one party occupies and excludes the other, either by changing the locks or by obtaining a court order or by ringing the police every time the other party comes round, then the occupying part should pay occupation rent on the property to the excluded party.

As the ex is threatening to occupy and exclude, then I would confirm to her that she is welcome to occupy the property, but that she will need to pay half the mortgage and also an occupation rent. Sounds like a good deal to me!

The smart thing for her to do would be to demand her right to occupy but to not exclude your OH. Then there is very little he can do, except either move in with her or not pay the mortgage and go down the reposession route if she doesn't pay, which would unfortunately damage them both.

The alternative would be to formally rent the property out to a third party and to pay the rent into an account which pays the mortgage so the Ex can see where the money is going. Any excess should stay in the account for maintenance etc.... To be honest, this is what I am currently doing with an ex, although we are on good terms and the house is owned as TIC.

As far as I can see, him getting a mortgage on his own would not work as this would mean her transferring the property to him and it sounds like she is unlikely to do this. So even if he could afford it, would she sign the house over? Unlikely.

It's a horrible situation to be in, and the smart move would undoubtedly be to sell the house and to get an order for sale if you have to. But if OH won't sell, then he'll have to pick from the rubbish options outlined above.