Can I charge rent… Complex Situation

AshMan123

Believe me I couldn!!!8217;t wouldn!!!8217;t have been right for the children

Understand I sound bitter but life is life and people should pay there own way I work hard pay my 40% tax pay for the upkeep of my children paid my share of the bills and mortgage whilst living there now pay my own bills

And yet I!!!8217;m now in a situation now where I!!!8217;m renting instead of owning my own property and want my name of the mortgage and also the ex!!!8217;s daughter is living rent free in my house

Situations reversed and my ex came to me demanding rent I wouldn!!!8217;t be happy but I sure as hell would see it from there point of view

HampshireH

Just seen you have 2 kids with you ex living there too. Not sure why you would want to cause animosity by asking for a rental income from their sister.

Cant imagine it would help relations.

AshMan123

Red-Squirrel wrote: »

Focus on getting the house sold, drop the rent idea.

I would in a heartbeat but ex doesn’t want too which means court and as we have two children this could get very messy very quickly

need_an_answer

AshMan123 wrote: »

Believe me I couldn!!!8217;t wouldn!!!8217;t have been right for the children

Understand I sound bitter but life is life and people should pay there own way I work hard pay my 40% tax pay for the upkeep of my children paid my share of the bills and mortgage whilst living there now pay my own bills

And yet I!!!8217;m now in a situation now where I!!!8217;m renting instead of owning my own property and want my name of the mortgage and also the ex!!!8217;s daughter is living rent free in my house

Situations reversed and my ex came to me demanding rent I wouldn!!!8217;t be happy but I sure as hell would see it from there point of view

Prolonging the situation is just going to make things worse and you more bitter.


The property needs to be sold so you can all get on with your lives without further conflict.

Its not about charging rent its about getting a legal settlement going forward.

If that means via the courts if you cant agree amicably then that's the unfortunate route to take.

AshMan123

need_an_answer wrote: »

Prolonging the situation is just going to make things worse and you more bitter.


The property needs to be sold so you can all get on with your lives without further conflict.

Completely agree realise this will make me the bad one as ex has always stated she loves the house and doesn’t want to sell and would also struggle to get a mortgage as she self employed ( hence why she’s struggled to buy me out)

But it doesn’t seem right for me to have my name on something for the next 15 years with nothing to show and potentially ruining my own chance of owning my own home

Red-Squirrel_2

AshMan123 wrote: »

I would in a heartbeat but ex doesn’t want too which means court and as we have two children this could get very messy very quickly

It’s already messy isn’t it?

Assuming you weren’t married?

Get legal advice.

AshMan123

Red-Squirrel wrote: »

It’s already messy isn’t it?

Assuming you weren’t married?

Get legal advice.

Unfortunately we are as I said very messy

00ec25

AshMan123 wrote: »

The ex lives in the property so I'm guessing the ex's daughter would be classed as a lodger so from what I understand no formal agreement needs drawing up?

you guess wrong

you do not live in the property, so the daughter would:
a) be the lodger of your ex and your tenant if both you and the ex receive rent from daughter
or
b) simply be a member of the ex's household if daughter does not pay rent to the ex
or
c) be a non paying member of the ex's household and your tenant if daughter pays rent to you only

options a) and c) would make you a landlord with all the legal responsibility that entails. It will not make you a resident landlord with a lodger. You would have a tenant and you should have a formal tenancy agreement in place if you want rent paid otherwise enforcing that will be much more difficult

AshMan123 wrote: »

Obviously I would register as self employed and pay tax / National insuarance in any income.

no, being a landlord is not classed as self employment. It is classed as "UK property income" and is subject to income tax on your profit, not NI.
You do not register as self employed, but you do register for a self assessment tax return and fill out the property pages thereof.

AshMan123 wrote: »

For me it's more about the principle of me owning half a property and someone else living there and me not getting a penny for it.

You wouldn't let me live in your house rent free would you?

principles may have to give in the face of reality, particularly when founded only on bitterness.

would daughter pay?

were you married to the ex?
your assumption that you can force her to sell when she is the one looking after your biological children as well as what appears to be another child not yours is somewhat optimistic.
a court would look to the needs of the children first whilst they are still under 18. yes you will get a legal entitlement to the proceeds of the sale, but the order for sale will be delayed until the kids reach maturity.

AshMan123

00ec25 wrote: »

principles may have to give in the face of reality

would daughter pay?

Maybe maybe not. It could be this forces the ex’s hand in trying to get my name of the mortgage ( my ultimate aim)

Kind of like a game of poker

AshMan123

00ec25 wrote: »

you guess wrong


your assumption that you can force her to sell when she is the one looking after your biological children as well as what appears to be another child not yours is somewhat optimistic.
a court would look to the needs of the children first whilst they are still under 18. yes you will get a legal entitlement to the proceeds of the sale, but the order for sale will be delayed until the kids reach maturity.

Just re read this

I’m not assuming I can force a sale in fact the reason I have held off on legal action for so long was because the children are under the age age of 18 and can see what the legal position would be.

I wouldn’t Evan ask for half the proceeds etc all I am after is roughly what I put in to the property for the 6 years I lived there