Selling a joint house

19lottie82

I feel your pain here but presumably your father has paid in to that house for a long time. why should he walk away empty handed? you and your brother are fully grown adults, not children who need supporting.

can you not come to some agreement with your parents where you and your brother could jointly get a mortgage on the house for what is required to "buy your father out"? then you your brother and mother can continue living there?

simply telling your mother to drag her heels and not agree to the sale of the house is impractical and could lead to a huge legal bill for her in the long run. you need a bit of damage limitation here.

xylophone

http://england.shelter.org.uk/get_advice/Buying_and_selling/finding_a_place_to_buy/joint_ownership

It is extraordinary that there was no agreement on the major asset of the marriage during the divorce proceedings.

Is there still a mortgage?

It seems to me that as soon as possible, your mother should consult a solicitor.

Has she a sole bank account? If not, it would be as well to open one immediately for her personal use.

She needs to remove her money from the joint account and arrange for its closure.

jbainbridge

Surely the divorce is about both parties making a fresh start. While your dad has a lot of money tied up in the house none of you will be able to move forward. If you can't afford to buy him out it should be sold and the money split - get over it and move on.

Kynthia

You and your brother are adults now so need to start finding the means to support yourselves. It's unlikely that housing you both will be considered when it comes to deciding what to do with the property now.

Your mum and dad need to agree a full financial separation now that they are divorced, not just split the house proceeds. Your mum needs to go to a solicitor now, she can't afford to wait if your dad is emptying joint accounts (which they shouldn't have once separated). Your mum and dad will need to ensure they get a share of savings, the house, pensions, etc. It's more than just the house that needs sorting.

FCUK

Thanks for the reply.


As to why this was not sorted during proceedings...I don't know. It was all done very quietly on my dad's side. He sorted it all and my mum basically did nothing. Secondly..my mum sister works at a bank and we have spoken regarding another mortgage and on what my mum earns she won't be able to take out a loan or a mortgage. The house is all paid off and this joint account, well that's another story. My mums name was put on it should anything happen to my dad, this was done at the start of their marriage. She didn't touch the account or anything so technically it was my dad's however her name was on it. That's the account where bills were paid. She can't get her name off of it as the account is over-drawn. Until the over draft has been paid off her name can't come off.


Yes me and my brother are adults, but it's simply to expensive for us to go out on our own, I can't say more then that. The issue here is between my parents but it does involve us. Also in regards to who contributes more...well my dad has always paid the bills and my mum does the food shop and so forth, it worked liked that and that is how it has always been and still is. They are both living here still and they are both fine with it, no one is being kicked out.


We can see a solicitor yes, but right now as nothing is due to be done after the new year, it's pointless til things start rolling. And if my dad wins at court should it go there, well...I can't imagine my dad taking my mum to court cause he knows, as much as you all say it doesn't involve me and my brother, he will be taking us to court also. By law it is between them, but no dad would do this. And yes my mum does have a sole account

G_M

my dad sorted it all as my mum didn't agree or sign anything.

The divorce simply could not have been finalised without either a hearing and/or your mother signing something.

Your mother must have signed an agreement, or alternatively

Yes divorced has been finalised.

could not be true.

As others have said, your and your brother's preferences and needs are irrelevant. This is between you mother and father.

And frankly if your your mother has agreed to your father's proposals, then she is likely to have to now live with that.

Surely the divorce is about both parties making a fresh start. While your dad has a lot of money tied up in the house none of you will be able to move forward.

I agree. Sell the property, split the money, and all 4 of you can then start afresh.

FCUK

She didn't agree to the divorce ergo did not sign. There was a simple hearing one day that my mum refused to attend. She got the letter 3weeks ago to say it has been finalised.


That is what I mean, it was all done very weirdly. I can't get my head around it. But no...she didn't go court, neither did he.

carefullycautious

It sounds as if your parents are getting divorced but have not had the financial clean break part dealt with, hence why you are still living in the matrimonial home.


Unless you and your brother have some reason why you cant work full time hours, why cant you get 2 jobs each or train to get into a career?


At some point you are going to have to accept that you and your mum are going to have to support yourselves or become homeless. You can shout and scream and berate your father as much as you want it will not change this fact.
He is no longer responsible for you as you are adults.

Pixie5740

FCUK wrote: »

She didn't agree to the divorce ergo did not sign. There was a simple hearing one day that my mum refused to attend. She got the letter 3weeks ago to say it has been finalised.


That is what I mean, it was all done very weirdly. I can't get my head around it. But no...she didn't go court, neither did he.

If your mum disagreed with th divorce she would had to have returned papers saying she was disagreeing. Not returning the papers after a set period of time is seen as not contesting the divorce.

Burying her head in the sand has done your mother no favours so I suggest she seeks legal advice now regarding the house instead of waiting until your father gets the ball rolling.

There are 3 adults living in the house and none of them have full time, permanent employment, this is something that should be addressed as there is the very real possibility your father can force the sale.

TallingtonGirl

FCUK wrote: »

I can't imagine my dad taking my mum to court cause he knows, as much as you all say it doesn't involve me and my brother, he will be taking us to court also.

I really think you are going over the top with this. At 24 and 27, you're Dad is no longer financially responsible for you and has no obligation to provide you with a roof over your head. Suck it up, that's life as an adult. You stopped being a child a long time ago.

I'm 28 and still live with my parents (albeit for not much longer) but were they to get a divorce, I understand that I would have to move out and leave them to it. I'm not a part of their marriage/divorce, it's between them and no matter what opinions I have on the matter, I don't get a vote.

I realise this is not what you want to hear but I think your expectations are a little skewed.