Am I liable for repair costs on ex marital home?

andrea2011

My ex husband has just approached me to pay towards the costs of a new shower on my ex-marital home which he says has now leaked and caused damage to the floor which needs replacing. We still jointly own the house, but I haven't lived there for three years. It has been for sale for a year. He wouldn't leave the house so I had to move out with my 2 children and rent and we have since got divorced. The divorce settlement gives me a higher proportion of the sale of the property, but it isn't selling at the moment. He pays the mortgage. The shower wasn't leaking when I left, although he says it was, and I do not agree that I should have to pay for something which he should have maintained correctly. Is this fair?

BitterAndTwisted

His use of the shower has caused the wear and tear on it necessitating the replacement. Pointing this out is only going to antagonise him and make him even less willing to get the property sold. If he is willing at all, which I doubt. Under the circs I would not respond.

You do realise that you will have to go to court to force the sale, don't you? I would be concentrating my efforts on that rather than worrying about repairs.

andrea2011

I've already responded as we had a heated discussion in the street! Better than coronation street I'm afraid to say. Just wanted to see if others were in agreement with me too. I also pointed out that I was liable for any costs of repairs in the property I was forced to move into and never asked for his help but he still feels he is badly done to. He is paying minimal mortgage on a 5 bed house and living in luxury, but complains the money he pays isn't for his benefit??!! Oh joy.

BitterAndTwisted

That is why you should go to court to force a sale. As long as he's happily in situ he can discourage viewers or decline any viewings at all.

Or consider moving back in with your children.

andrea2011

Thanks for your advice, it helps. I am confused about the forced sale option though, what does that mean. As far as I know he is keen to move out when sold and therefore invest in his own property, low interest is due to current climate the agents have told me. We have reduced the price twice. My other concern is that if the price gets any lower it will be less than the property is actually worth, and he could then even afford to buy me out.

I am living with my children now, they have always been with me.