Can I charge rent… Complex Situation

AnotherJoe

AshMan123 wrote: »

Apologies for the apostrophes didn!!!8217;t play them think it!!!8217;s a big with the forum where if you post a comma it puts random bits of text in there?

Any advice most welcome

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Sapphire

AshMan123 wrote: »

Apologies for the apostrophes didn!!!8217;t play them think it!!!8217;s a big with the forum where if you post a comma it puts random bits of text in there?

Any advice most welcome

I find (on my Mac computer) that if I put en dashes into a piece of text on this forum, it substitutes them with these oddments instead. Never used to happen, so may be due to some revisions to the format or something, carried out by the administrators !!!8211;.

Thrugelmir

AshMan123 wrote: »

Agreed but as I own half the property can I ask for rent to be paid and what can be done if it’s refused

What contribution do you make to the mortgage? Or do you just pay the prescribed amount of maintenance for the children every month.

G_M

I'm no expert on family law, but it seems to me the issue here is the division of finance and responsibilities post relationship.


The daughter is only a lodger if she pays rent, otherwise she is simply a licencee - ie a family member given permission to live in the property.


Whether it is fair for you to receive an income from this (ie rent from her to you) is really a matter of negotiation, but that negotiation is just one part of the larger discussion about the long-term arrangement:


* is the house to be sold, or is one of you(or indeed both!?) going to continue to live there?
* whose name is going to be on the property Title? And mortgage?
* who is going to pay the mortgage?
* are other payments (eg child support) going to be paid? By who to whom?


The 'rent' question might influence answers to some of the above, but the above are far more pressing matters.

AshMan123

Just thought I!!!8217;d give a update on this as it may help others

Went to see solicitor today he states my options were

A!!!8230; Too ask the ex to buy me out and offer a sum that!!!8217;s acceptable to do so
B!!!8230; Too sign over the house and walk away with nothing
C!!!8230; Too play the long game wait until kids turn 18 and then force the sale ( Legally I would be entitled to half Evan though I stopped paying in 2015)

Some really good advice given now just got to persuade her to buy me out but I suppose the implication of having to sell in 15 years time may be enough to persuade her to buy me out

Will keep updated

Lysimache

How old are the children? How long do you need to wait until they are all 18?

AshMan123

Lysimache wrote: »

How old are the children? How long do you need to wait until they are all 18?

Eldest is 6 youngest is 3

Mortgage has 14 years to run. So by my working out if I could force the sale when youngest turns 18 I could push for half so effectively I’ve got a £40000 savings scheme. ( Worse case)

Best case she takes me up on my offer to let her buy me out in which case I’m prepared to accept significantly less than the equaty is in the property. I’ve spoken to her didn’t go so well but have said it needs sorting by year end otherwise my price may go up due to the inconvenience and if I’m held to staying on th mortgage much longer after this I may as well go the whole hog and force the sale when kids turn 18

FBaby

C!!!8230; Too play the long game wait until kids turn 18 and then force the sale ( Legally I would be entitled to half Evan though I stopped paying in 2015)

Sorry are you saying that your solicitor told you that you would be entitled to half the value of the property when you force a sell in 14 years, even though you would have not contributed a penny towards the mortgage for 17 years... really... Are you sure you heard properly? So you really think that would be fair?

AshMan123

FBaby wrote: »

Sorry are you saying that your solicitor told you that you would be entitled to half the value of the property when you force a sell in 14 years, even though you would have not contributed a penny towards the mortgage for 17 years... really... Are you sure you heard properly? So you really think that would be fair?

Yep 100%

The counter arguement is she is living in a property I jointly own but am unable to live in therefore I could argue rent.( His exact quote)

And the fairness quote is interesting

Is it fair if she chooses not to buy me out to have my name against something for 17 years possibly preventing me getting another mortgage and then expecting me to walk away with the same amount I would have done if she bought me out at the time

If you read the thread properly I’m asking her to buy me out yet she is unable or willing to why should my life be on hold?

I’ asked her to buy me out in November 207 we are now in July 2018ive gave her until December 2018 how much more should I be prepared to wait for what is legally mine

Or should I just sign it all over for nothing