Selling house with akward EX!

RAS

perch wrote: »

I was just under the impression if I was in the house I would have to provide them accomidation because of my daughter.

I weren't paying mortgage and bills then paying her maitinace! But she has already got CSA on to me now.

That lone parent with housing benefit is good to know! Maybe thats her intention I feel there is more to what's going on, stalling with sale? And not bothered along as I'm paying.

We are not married

Legally if she has got the CSA on you, then you need to pay 15% of your salary (you are putting that aside now because otherwise they will chase for arrears from the day they first contact you and you could get a DEO (40% of your salary).

Can you move back into the house and slowly start to get it into shape.

Can the boiler be repaired? Are the windows basically functional?

Live there, get a lodger (no tax to pay) and start to get the worst problems sorted. Sell when you have done to cover the debts.

perch

BigAunty wrote: »

No, not that I'm aware of - what makes you think that?

As a joint tenant, she has the right to take up occupancy whenever she likes at the property. She could take you to court and try and secure a residency order that gives her the right to live in the property until the youngest turns 18 (and not necessarily at your expense).

If you have a private child maintenance agreement, that's fine. If you do not, she could take you to the CSA and you'd be obliged to pay up to 10% of your net income in child support.

I believe that a lone parent, who leaves a property that they jointly own, can actually get housing benefit on a rental property so long as the owned house is up for sale (and they meet the other usual criteria such as low income, rules around capital, etc). Ask on the benefits board for clarification on this.

If you are married, she could try for some kind of settlement during the divorce process.

I was just under the impression if I was in the house I would have to provide them accomidation because of my daughter.

I wasnt paying the mortgage and bills then paying her maitinace! But she has already got CSA on to me now.

That lone parent with housing benefit is good to know! Maybe thats her intention I feel there is more to what's going on, stalling with sale? And not bothered along as I'm paying.

We are not married

perch

RAS wrote: »

Legally if she has got the CSA on you, then you need to pay 15% of your salary (you are putting that aside now because otherwise they will chase for arrears from the day they first contact you and you could get a DEO (40% of your salary).

Can you move back into the house and slowly start to get it into shape.

Can the boiler be repaired? Are the windows basically functional?

Live there, get a lodger (no tax to pay) and start to get the worst problems sorted. Sell when you have done to cover the debts.

Paying CSA this month they have only just sent me the letter

The boiler that old don't think I can get away without a replacement,

Functional yes wooden slightly rotted with condensation.

It's an option I'll bear in mind, get all my options see how the sale goes if it does! Then go from there.

RAS

perch wrote: »

The boiler that old don't think I can get away without a replacement

It should cost nothing to get a qualified engineer to give you a quote (not estimate) for how much it would cost to get it going. and if it is condemned you and any potential buyer know the score.

sandsni

Have you looked into any of the boiler scrappage schemes? If you're on a low income you might be able to get a grant to replace it IF you are living there.

suzeesu2000

There is a current government scheme ( I think) where you can get a new boiler AND installation free if you have a low income. Also, with regard to doing your house up to bring a better price - have you considered getting replacement windows via Freecycle? Today in my area were: windows, a full kitchen, bathroom suite, internal doors, paving slabs to name a few. Seriously, a bit of elbow grease and you could increase the value a lot.

perch

I will look into the boiler and the schemes though my income isn't that low ill take a look at free cycle as it looks handy, if i do work on the house or put money into it, need to think about wether she would allow it to be rented and what issues there could be, i have a feeling she could be awkward.

sandsni

Given the state of affairs between you and your ex, I don't think you're likely to be in a good position to be a LL, so letting is probably not a good option in your case. If you can't afford to do basic repairs now, how would you be fixed if you got a bad tenant who trashed the place or stopped paying rent after month 1 but refused to move out until you formally evicted them? A paying tenant will not put up with the things a homeowner like yourself might and could force your hand to make repairs before you are in a financial position to do so.

perch

sandsni wrote: »

Given the state of affairs between you and your ex, I don't think you're likely to be in a good position to be a LL, so letting is probably not a good option in your case. If you can't afford to do basic repairs now, how would you be fixed if you got a bad tenant who trashed the place or stopped paying rent after month 1 but refused to move out until you formally evicted them? A paying tenant will not put up with the things a homeowner like yourself might and could force your hand to make repairs before you are in a financial position to do so.

Totally agree!

BigAunty

The benefit board can tell you the position regarding lone parents and housing benefit where they are a joint owner but do not occupy it - I can't remember the exact rules.

There is a child support board, too, that could give you pointers on your CSA obligations - see the Direct Gov website for basic info on this. The CSA will come up with a formula around the percentage of your net salary (after pension contributions and the amount of nights the child stays over).