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Ex won't sell the house although she has moved on...

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Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Superdupa wrote: »
    She now wants to rent it out to make more money. She is paying the mortgage and she will get 100% of rental income once it is rented out. Is there anything I can do to make her sell the house?

    She can't rent it out if it has a residential mortgage, can she?
  • Yorkie1
    Yorkie1 Posts: 12,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Mojisola wrote: »
    She can't rent it out if it has a residential mortgage, can she?

    She can if she gets consent to let
  • Russe11
    Russe11 Posts: 1,198 Forumite
    Yorkie1 wrote: »
    She can if she gets consent to let
    do you really think that will of been thought of if she has the idea of "she wants to rent it out and make some money"
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Could you move in would that help your finances.
  • Foggster
    Foggster Posts: 1,023 Forumite
    Could you move in would that help your finances.

    This is what I am thinking. Why cant you and your gf take the house on? This way you can bring this to a close by releasing your ex from the mortgage, you may have to pay her a % of the equity in the property but it would mean a clean break from the marriage.

    At the time of the divorce, what did your solicitor advise on the house? What was agreed? For example, did your solicitor place "triggers" on the agreement that she stayed in the property i.e. in the event of her moving out the house would be sold, in the event of either of you re-marrying etc.

    Seems odd that you have divorced and been left in this predicament.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yorkie1 wrote: »
    She can if she gets consent to let

    Would the mortgage company give consent if one of the people named on the mortgage said they didn't want the house rented out?
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yorkie1 wrote: »
    She can if she gets consent to let

    And beware: if she were to let without consent and get caught, then both people named on the mortgage would face penalties.
  • Thanks for all the replies. Plenty of food for thought. I will have another read through all the paperwork I have to make sure I am 100% sure of my position and will let you know the outcome! fingers crossed...
  • I just want to be able to have a new mortgage with my girlfriend.

    I see now wow this unfair if true. Basically she should not have this house, it should be sold because she no longer qualifies for the mortgage solely by herself. However mortgage payments are so low now, I understand why she wants to keep it.

    Unless the bank says they dont mind her continuing by herself, otherwise really I think its down to them ?
    The debt is in your name, I think I'd ask the bank first what to do, surely this happens plenty of times. It may end up with a forced sale though. What kind of equity level is it at
  • It is in abt 15K positive equity.
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