Owning house with ex

Hi sorry if this is the wrong section was not sure where to post.


2 years ago I split with my ex with have a 9 year old daughter and we jointly own a house together with she still lives in and I moved out mean while she has moved her mum in and been paying the mortgage, we did have it up for sale but when I moved out she took it off the market, and I was told their was nothing I could do as my daughter lives theirs and they could make me pay for the mortgage even know I don't live theis but I'm happy to have my daughter live with me but hey dads never get that right.

But now 2 years down the line she has kicked her mum and moved her new man in is their anything I can do to either make her sell the house or get her new man buy me out as I would just love to get on with my life but having this over my shoulder is a big hold and upsetting.

Comments

  • DUTR
    DUTR Posts: 12,958
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    You were told there is nothing you can do by whom?
    Not a legal representative, you are responsible for 50% of the mortgage to a point. As you do not live there then the occupant is 100% responsible for it, if the mortgage is not kept up to date then the lender can seek to reposess the property and any proceeds above the outlay is shared between the two of you.
    That aside CS contributions maybe due from you to the tune of around 15% net pay.
  • Get your name taken off the mortgage or force a sale.

    You probably need to consult a qualified professional.
    Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
  • Voyager2002
    Voyager2002 Posts: 15,226
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    Since you still own the house (jointly), you have the right to live there. So let the happy couple know that you are planning to join them, and they will probably think about buying out your share!

    And to correct some wrong information given above, since the mortgage is still in your name you are legally obliged to pay it. Repossession would not only be hugely expensive but would also damage your credit record.
  • Wilma33
    Wilma33 Posts: 681 Forumite
    Are you paying anything towards the mortgage and/or child maintenance?

    I like the idea of saying you can't get another mortgage whilst still on hers so you are going to have to move back in :D
  • RAS
    RAS Posts: 32,475
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    Hi

    You really do need a session with a good lawyer; just to get your facts straight.

    Not clear fromn you message whether you are married or not?
    Gmanuk wrote: »
    she took it off the market, and I was told their was nothing I could do as my daughter lives theirs and they could make me pay for the mortgage even know I don't live theis but I'm happy to have my daughter live with me but hey dads never get that right.

    I think your ex is getting two things confused.

    Legally if she is a single parent with a child and can afford the mortgage (after you pay her CSA) then she can usually stay there until DD is 18 years old or leaves school, whichever is later.
    Gmanuk wrote: »
    But now 2 years down the line she has kicked her mum and moved her new man in is their anything I can do to either make her sell the house or get her new man buy me out as I would just love to get on with my life but having this over my shoulder is a big hold and upsetting.

    However, it is not expected that you will keep on paying the mortgage and most financial settlement (re divorce) include a clause that ends the right to stay in the house without buying the partner out if the ex starts to co-habit.

    Get legal advice and get in touch with families need fathers.
    The person who has not made a mistake, has made nothing
  • 19lottie82
    19lottie82 Posts: 6,027
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    Get your name taken off the mortgage or force a sale.

    You probably need to consult a qualified professional.

    You can't just "get your name taken off" a mortgage (someone else needs to willing and able to take it on without you) and he won't be able to force a sale until his child is 18.
  • I am going through a divorce and both our names are on the mortgage. I can afford to pay the mortgage by myself and currently my ex has to stay on the mortgage until my youngest child reaches 18. He makes no contribution and pays CSA only. The clause is that if I cohabit or can afford to get his name of the mortgage then I have to sell or remortgage. By law if your ex partner has taken in a new partner then you can force sale due to these grounds.Good luck
  • TBagpuss
    TBagpuss Posts: 11,198
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    Are you married? If so, then in any divorce settlement a court has to consider what is fair and reasonable, taking into account both your needs, your ex's needs and your child's needs.
    One issue would be whether your ex would be able to remortgage in order to pay off the existing mortgage (effectively releasing you from the mortgage) or whether she could rehouse herself and your daughter if the house were to be sold.

    If you are not married then it is possible to apply to the court for an order for sale, but again the issue would be whether, when you bought the house, it was with a joint intention to create a family home.

    I recommend that you go to see a solicitor specialising in family law (Resolution is a good place to start) who will be able to give you more tailored advice.

    If you ex (either alone or with her new partner) is able to get a new mortgage in order to pa off the old one and get your name off, then the second issue is whether she can also raise a further lump sum to pay you for your share in the house. if not, then it would be possible for you to have a charge over the property, entitling you to force a sale of the property to get your money at, once certain conditions are met (your child turning 18/ leaving school is a common trigger. Cohabitation isn't an automatic trigger - normally it's cohabitation/re-marriage provided that a sale won't be forced if it would leave the child homeless; ie. if your ex could afford to rehouse.

    It would be reasonable to get an agreement sorted now, to make sure that (at the very least) it is absolutely clear that you expect to get your share of the property back sooner or later, and to specify what your share will be.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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