Force of House Sale or Buy Out

Spendless

My friend's divorce did say that she could occupy the marital home until either their youngest left FE education OR she re-married or co-habited. She ended up paying her ex-h out when a boyfriend moved in. In my f riend's case they were married though. I would seek some legal advice.

pinkshoes

Is she now in a position to buy him out with the new partner? I would push this option and agree a market value.

He could also threaten to move back in if she doesn't want to sell!? That might get her to reconsider!

FBaby

I totally disagree Guest. The reason why many (not all) resident parents get to stay in the joint house is because there is an assumption that they are not in a financial position to keep a similar way of life to the children and judges will always prioritise the stability of children.

This means that if someone moves in with them and can afford to buy them out or together could buy another property then it's a totally different matter.

It's happened to a close friend of mine. An order was made for the house to be sold although in her case her ex made a case that his new children were disadvantaged from him not being able to get another mortgage when she and new partner earned enough combined to do so. She tried to justify that the relationship wasn't tested yet and she didn't to commit to a mortgage with her new partner but the judge ruled against her.

Marvel1

gettingtheresometime wrote: »

Presumably there was a written agreement that the ex could stay in the house whilst the children were under 18.


I doubt very much that that agreement would have stated that the ex wasn't to move a new partner in


My uneducated guess is that there is nothing your husband can do about it whilst appreciating that it might be annoying especially if he's still contributing to the mortgage

Also to add surely he would have thought about this considering he moved on and married OP.

Primrose

If your husband owns half the property, is not living there and is paying the mortgage seek legal advice as I,m pretty sure he's probably entitled to demand rent from the new boyfriend who is living with his ex for his occupation of part of the property. I doubt whether he would easily be able to force a sale though.

Another point to remember. As the house is no longer your husband's residence, if the property does get sold your husband will be forced to pay capital gains tax on his share of any profit on the property after the mortgage is paid off. Along with legal fees this could cost a lot of money and end up swallowing much of his equity in the property.