Joint

Happyb

Hi any advice
I got divorced 4/5 years ago and been separated roughly 9/10
My ex husband stayed in the house while I moved out and rented ....due to us having animals ect to keep
I am still on the joint mortgage and deeds
He is now with a new partner and renting out the house do I have a claim on house still .....bank says I do he says I don't
He doesn't need to keep the house now .....

Pixie5740

How was the house dealt with during your divorce?

If you're still on the mortgage then that means you still have joint and several liability for it. Meaning if your ex-husband stopped paying the mortgage then the lender could come after you for the money.

I take it that your ex keeps all the rental income when really it should be split with you. You might want to look into that with a solicitor since rental income is subject to income tax.

In fact, regardless of the property being rented you should still seek legal advice as, by the sounds of things, you are still legally an owner of this property. Your ex should either buy you out or both of you sell the property. You can force him to sell but again, seek legal advice about this.

Having a mortgage with your ex means you're still financially linked to him. Also having this mortgage will affect your affordability should you ever want to buy somewhere yourself in the future. I wonder if your ex applied to consent to let from the lender before letting the property out...?

booksurr

just reiterating what Pixie said, all depends on the terms of your divorce....

if house still retained by both of you then each person is liable for the costs (mortgage) and entitled to the income (rent) in accordance with their ownership share unless they have informally agreed differently post divorce re the income (different rules applied to the actual year of divorce)

note, if you have retained ownership then do remember that as it is no longer your main home, you (but not your ex) are liable for Capital Gains Tax when it is sold (or even if you buy out you ex's share)

G_M

I assume your name is also still on the Title deeds?

If so, I should print off a copy, pop round to the house and show the tenant you are (joint) owner, and collect the rent........