Ex partner living in house but refuses offers to sell

chalky625

Hi I wonder if anybod can assist, I split from my ex partner in January and am now renting a house with new partner. My house is For Sale and has been for 7 months and my ex partner is living in it. However i have tried to change Estate Angents and offered to pay for this howver he refuses to change. I have alsotried to change our property to a fixed price £20 k less than home valuation as i know it wont sell for home report figure. I have now advised him i will no longer be paying the mortgage but he still is not bothered. He basicly is happy to stay in the house as he knows that it will not sell for the figure its on the market for and as the mortgage is on an intrest only tracker it is very low payments so he can afford it. He has indicated previously that he wioll not allow me to buy him out (I couldnt get a mortgage anaway) and that he may buy me outy in future but this has not came to anything.
Has anybody else been in similar situation?
Thanks

C_Mababejive

I presume there are no children involved and that you are both joint owners/mortgagees of the said property?

If so you may consider applying for an order for sale.

Also speed read TOLATA >google

chalky625

Thanks for the reply. No there are no children involved.

We have a Joint mortgage in the property. I have been advised that i can take him to court but imagine that this can cost thousnds?

FBaby

What is the issue? That you want/need the cash of the sale or that it could put you in a awkward position. If it the first, you will need to go via the court for an order for sale. If it is the second, then as long as he is paying the mortgage, it is actually beneficial for you.

Fire_Fox

You have the legal right to move back in, and bring a guest. Please check every month the mortgage is being paid, don't assume anything even if it is cheap.

chalky625

Hi i would like to sell the house ASAP so i can hopefully get money from it and get a mortgage on a new house instead of having to rent. I cant get another mortgage at present as i am tied into this mortgage.
How much does a court order cost?
I know that he is making the payments as i still have access to the joint account wheer all the house payments come out of however as of yesterday i will no longer be making any payments to him as he is being very unreasonable to me.

chalky625

Do i have the legal right to move back in with new partner? Where can i view this info. regards

Yorkie1

You're a joint owner and therefore fully / legally entitled to reside in the property irrespective of the state of your relationship with any co-owners.

He is not allowed to change the locks or forcibly exclude you from the property.

Neither are you allowed to do that to him.

Fire_Fox

chalky625 wrote: »

Do i have the legal right to move back in with new partner? Where can i view this info. regards

If your name is on the deeds and the mortgage you have the legal right to live there and the legal right to have overnight guests or lodgers in your own home. Ask a solicitor or run an advanced search on the 'House Buying, Renting & Selling' board. If you want to have noisy nookie whilst your ex is watching TV crack on, you may find this is quicker and cheaper than going through the courts to force a sale.

Please do not stop making payments (direct to the lender not to your ex) this could mean you default on the mortgage which could mean a black mark on your credit file for six years, or even repossession. You certainly won't get another mortgage in a hurry. Again ask a solicitor.

durham_girl

Course you do, it's your house too! Quick google found this http://www.wikivorce.com/divorce/Divorce-Advice/General-Divorce/342132-Do-I-have-legal-right-to-move-back-into-the-FMH.html

HappyMJ

chalky625 wrote: »

Hi i would like to sell the house ASAP so i can hopefully get money from it and get a mortgage on a new house instead of having to rent. I cant get another mortgage at present as i am tied into this mortgage.
How much does a court order cost?
I know that he is making the payments as i still have access to the joint account wheer all the house payments come out of however as of yesterday i will no longer be making any payments to him as he is being very unreasonable to me.

You could offer to buy him out getting a buy to let mortgage covering both the outstanding mortgage and half the equity less half the sale costs and based on the possible rental income the property may achieve. The rent covering the mortgage payment by 125%. You then let the property out for 6 months on an assured shorthold tenancy and at the same time put it on the market to sell. You can also get another mortgage on another property based on your own income and the rental income and the mortgage expense can be ignored in any affordability calculation. There are ways and means to force a sale if you aren't getting any co-operation. Court orders cost lots.