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Ex partner living in house but refuses offers to sell

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  • I might be missing something here but if the OP stopped paying her share of the mortgage, wouldn't the ex have a claim on a bigger share of the proceeds when the house was eventually sold?
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  • thanks all very helpful i shall look in to all options
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
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    I might be missing something here but if the OP stopped paying her share of the mortgage, wouldn't the ex have a claim on a bigger share of the proceeds when the house was eventually sold?

    Possibly, assuming the ex stepped up and paid the whole mortgage. Or the ex could start a small claims action and get a CCJ against the OP for the unpaid mortgage. Or they could just stop paying the mortgage themselves meaning both get six years of bad credit, it's a risky strategy given the OP wants to get another mortgage in the near future.
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  • FATBALLZ
    FATBALLZ Posts: 5,146 Forumite
    Person_one wrote: »
    If you left him for your current partner, this would be a pretty sh!tty course of action regardless of the financial issue.

    If he ended it, go right ahead.

    Surely the reason the relationship ended is more important than who technically ended it.
  • valkirn
    valkirn Posts: 252 Forumite
    Person_one wrote: »
    If you left him for your current partner, this would be a pretty sh!tty course of action regardless of the financial issue.

    If he ended it, go right ahead.

    It may be a really shi**y course of action if she left him, but hes not exactly being helpful regarding selling the house, so you do what needs to be done to get things moving.
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  • Person_one
    Person_one Posts: 28,884 Forumite
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    FATBALLZ wrote: »
    Surely the reason the relationship ended is more important than who technically ended it.

    Well, you get the general idea.
  • newcook
    newcook Posts: 5,001 Forumite
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    Just a thought but say if the OP did move back in and had her new chap move in with her, couldn’t the ex get out an injunction against the new guy – which would obviously put a spanner in the works!!
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
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    newcook wrote: »
    Just a thought but say if the OP did move back in and had her new chap move in with her, couldn’t the ex get out an injunction against the new guy – which would obviously put a spanner in the works!!

    Injunction for what? Not unless the new partner breaks the law. Any owner occupier of a house is entitled to have guests there.
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  • VestanPance
    VestanPance Posts: 1,597 Forumite
    Obviously a very difficult situation to resolve if one party is intent on making things difficult.

    Although the move in with your new guy suggestion strikes me as a bad idea on more than one level. Firstly a crazy/stubborn/hurt and taking it out on you ex is always going to be bad for a new relationship. I can't imagine many men of sane mind agreeing to move in with the new girls ex in a housing stand-off. Personally I think that suggestion would see many running for the hills, as they now think their partner is as mental as her crazy ex.

    The suggestion that you could be all lovey in front of him to force his hand is also lacking in thinking it through. Sure you could do that, but then again how much strain on the new relationship does it put on you if he retorts in some manner? With both parties in the house and constant friction a happy relationship would be a minor miracle. Plus the ex trying to annoy woman while new partner tries to protect woman is in many cases likely to lead to violence.

    Sadly if the ex is being unreasonable and refusing to sell as some sort of grudge or because they have it easy, then I think the only sane solution would be do go through the courts and split the assets legally.
  • newcook
    newcook Posts: 5,001 Forumite
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    edited 8 November 2012 at 11:38AM
    Fire_Fox wrote: »
    Injunction for what? Not unless the new partner breaks the law. Any owner occupier of a house is entitled to have guests there.


    as I said, I dont know how these things work - it might even be covered under the anti-harrassment injunction as it would be causing alarm and distress to him. the ex could even take out a non-molestation order againt the OP according to injunction direct for deliberatly annoying him.

    Im not sticking up for the ex and agree that the OP has every right to live there as much as the ex but I would imagine it could take a very nasty turn which could end up costing thousands in legal fees if OP also moved the new chap in!

    Sadly if the ex is being unreasonable and refusing to sell as some sort of grudge or because they have it easy, then I think the only sane solution would be do go through the courts and split the assets legally.

    IMO this is the only way forward
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