Can my ex-partner live in the house we jointly own without contributing to the bills?

Shauna4991

Hello all,

I wondered if you could help me?

I'm currently going through a situation with an ex-partner and have a few questions.

As some context, we have split up in the past few months due to an incident of abuse from him, but we own a house together. We had just completed on our 2nd house when the situation happened and therefore I had only lived in the property for a few days when I moved out and went to my family members' house. I owned the first house and was mortgaged to just me, but the 2nd one has his name on the mortgage and owned jointly (which now I realise was a big mistake!)

At this point, I have no contact with him due to an active harassment case out against him, and as a result, I liaise directly with his mum who lives abroad.

As I understand, when it is sold the solicitor will work out who is due what so with me putting in the whole deposit for the 2nd house, that's not a concern. However, the property had been on the market for four years when I purchased and I'm not anticipating a quick sale, so my interim issue is the current living arrangements.

As I left immediately after the abuse incident, he still lives in the house, and for the 2nd consecutive month all the bills have come out of my accounts without him paying towards these as agreed. When chased for these, his mum and him agree to pay and then they don't. We have been chasing one lot since April and will soon be doing this for May.

I know I can cancel TV license, Water, Energy etc but to date his mum has told me that these have all been transferred across to him, but there's no proof this has been done. I know I can tell them that I don't live there, but if he doesn't pay I'm not sure where that leaves me and what that can do to me in terms of my credit as my name is also on the house?

The mortgage comes out of my bank and I will ensure that's covered regardless of him contributing so that we don't end up with negative credit, but I just want to know about everything else.

Anyway, the problem I have now is that initially, I began the application to transfer the equity into my own name but as three payments need to be made for the mortgage before they would consider this transfer, and only one had at that point, my partner's mum stated that he would not sign anything to do that as it would take too long, and they also won't accept me having the house as they don't think it's fair. I offered him a lump sum figure of his liking to walk away from the house and sign the documents but he won't accept this either.

Therefore, I have agreed to sell. I have arranged valuations in the property and these have been done now, so we are aware what it's worth. His mum then stated that whilst it's listed, we both need to find rental outside of the property as it will sell faster and also give us a 'clean break'. Whilst frustrating for me as I have put the investment into the property and paid all of the solicitors/estate agent bills myself for the move, I have accepted this and both of us agreed to find rental.

A few weeks have passed and I am viewing rental properties (I cannot stay at my family members' house as a long term solution as there isn't any room) and I am ready to get a 6 month contract on one. However, my concern is that I cannot continue to pay all of the bills on the property I own and the property I will then be renting, as it's not financially viable for me.

Further than this, his mum has today told me that he has decided that he cannot afford a rental property whilst covering half the mortgage as we had agreed, but they won't accept me moving in and covering the full mortgage, so he will stay in the property until it sells. I have just been told to 'trust' that the bills will be sorted moving forwards.

Finally, his mum has stated that although the property in the house (Sofas, white goods etc) are all provable to be purchased by myself as I have all the statements etc, I am not allowed to take any of these as they are moveable items and it would be illegal for me to do this without his permission.

I'm just wondering if there's anything I can do at all to:

A) Ideally, have him leave the property whilst it sells, as he's not paying anything? I know there's probably nothing I can do other than cancel the cancel-able bills and keep covering the mortgage as it comes from my bank...

Allow me to take the furniture so that I don't have to buy all new things for a rented house? (As I need the dog with me it's been hard to find something furnished within my price range that allows pets)

C) Can I set up some kind of arrangement/agreement via a solicitor or something to ensure he pays the bills and won't just live there for free whilst I'm forking out, and also then contracted into a rental with it's own costs?

Thanks
x

neneromanova

There's not really much you can do to get him out the house while it's being sold as it's his house as well. But you can make it very hard for him to live there



It's not illegal for you to take items you own so they're pulling a fast one on your for that. as long as you can prove you bought them that is. I would pop down to the local police station and say you are planning on taking items that you own and you have an order against him and you expect him to kick off if they could escort you and the van that would be brilliant. Then take a large van, moving men and the police to the house when you know he'll be out at work and just do it then.



I would ring all utilities and cancel everything and get meter readings sent to them and he can deal with that if he wants electric. Just keep paying the mortgage and make a note of what he doesn't pay on the mortgage so you can take those payments out of the equity that is left at the end that goes to him.

Smodlet

Hi Shauna, and welcome to the forum. What a horrible situation to find yourself in.

Do you have any legal cover included in an insurance policy? If so, it might be worth contacting them. Many firms of solicitors offer free half hour consultations as well.

Given what a gentleman your ex clearly is not, my first instinct would be to force a sale and take the initiative away from him, especially if he "cannot afford to move out and rent". Be aware this is an expensive process, though.

You don't really think his mother is not wholly biased in his favour, do you? She is probably one of the main reasons he thinks he can behave as he is. Were I you, I would factor her out of the equation and keep everything on a legal and professional level, if only to leave a trail of evidence, should this go to court.

I wish you luck and hope you will find peace and the right relationship one day. It is possible because it happened to me.
Please let us know how you get on. You will get there.

HampshireH

Could you not seek advice on an occupation order in light of the abuse allegation and current harassment case?

Pixie5740

If I am reading your OP correctly you jointly own property 2 with your now-ex and that's the property he is still living in. The deposit came from you but only he is named on the mortgage or are you both named on the mortgage? Are you both named on the deeds? Is there a declaration of trust in place detailing what will happen in the event of a relationship breakdown?

You do not occupy the property so in the hierarchy or liability for council tax he is more liable than you. You do not occupy the property and therefore do not use the utilities so you are not responsible for those either. If you can, get meter readings for the gas , electricity and if applicable water, then contact the suppliers and ask them to close your accounts. It will then be up to him to set up his own accounts as generally accounts are closed and new ones opened rather than being transferred from one person to another. As long as you no longer have bills in your name for the property because you have closed the accounts it makes not one jot of difference to your credit files if he chooses not to set up utility accounts or chooses not to pay. Credit files are linked to individuals not front doors.

Similar to utility accounts, mortgages aren't usually transferred from one person to another. The mortgage account would need to be closed and you would open a new one in your name only. Unless he agrees for you to buy him out or whatever the mortgage lender can't just decide to close the mortgage account and open one for you so I don't know where you're getting that once 3 payments have been made the mortgage will be transferred to you. Who told you that was a possibility?

Also stop listening to his mother, she either had no idea what she's talking about or is telling fibs.

CIS

As I left immediately after the abuse incident, he still lives in the house, and for the 2nd consecutive month all the bills have come out of my accounts without him paying towards these as agreed. When chased for these, his mum and him agree to pay and then they don't. We have been chasing one lot since April and will soon be doing this for May.

Presumably this is the '2nd house' ?

A factor, for council tax purposes, which cannot be overlooked is where your 'sole or main residence' is. Are you planning to return to the property at some point ? Potentially it can caused issues with the council - council tax liability in these sorts of cases either goes nice and easy or turns in to a major argument with the council.

elsien

Why are all the bills still coming out of your account?
Did you take any readings when you left? You need to tell everyone that you no longer live there and take your name off the bills if he hasn't done so. And stop all the direct debits when this is done. Let him pay them himself or do without.

Red-Squirrel_2

Why are you letting this man's mother tell you what to do? She has no interest in your wellbeing.

Contact Women's Aid first thing in the morning. You should be able to live there and get a court order (not sure of the exact terminology) to stop him living there or contacting you at all for the period until the house is sold and you can move on using your share of the equity.

There is absolutely no way you should be paying rent while a man who has abused you lives in your home and isn't even paying the bloody water bill!

Red-Squirrel_2

https://www.womensaid.org.uk/information-support/helpline/

Call these. ASAP!

Bass_9

Red-Squirrel wrote: »

Why are you letting this man's mother tell you what to do? She has no interest in your wellbeing.

Contact Women's Aid first thing in the morning. You should be able to live there and get a court order (not sure of the exact terminology) to stop him living there or contacting you at all for the period until the house is sold and you can move on using your share of the equity.

There is absolutely no way you should be paying rent while a man who has abused you lives in your home and isn't even paying the bloody water bill!

I agree, don't roll over and let them take the proverbial, please seek some professional help with your situation. Hope you're in a better place soon OP. X

[Deleted User]

I agree also. Women's Aid will say if you can get a protection order and then you move in, he moves out (if granted, he won't be allowed to go near the address).

Your ex's mother is speaking nonsense. She's probably making it sound slightly legal but she is totally wrong.., particularly about the furniture. That is just absurd.., you do realise this?

Phone Women's Aid, find out where their nearest one stop shop is (where they have a solicitor as well as people to advise on housing and protection issues). Include any copies of threats he has made (very relevant for a protection order). Take the paperwork with yo.
Go ASAP. But you may need a locksmith to help you get in.