Getting a lodger when join own the house with ex

soysauce1245

Hi All,

I'm wondering if anyone can help. Myself and my ex split up. We own a property together and he moved out and I remained in the house. He hasn't contributed to the mortgage, or paid any of the home insurance or maintenance costs (my bathroom was leaking into my living room) since he moved out.

I'm currently trying to get him to agree to me buying him out - he can't afford to buy me out. He is currently refusing.

In the mean time, I've been looking for a lodger to help support me paying for the mortgage and have found one. Great! But now I don't know if I need to get my ex to sign the lodger agreement as well as me? If i don't, could he technically evict my lodger at any point?

Also - would the money the lodger is paying me count as his half of the mortgage? So if he does eventually agree, I would have to pay him the capital on the property despite him not paying the mortgage himself?

hazyjo

Presuming you are both on a mortgage, I would consider threatening not to pay. His record would be as damaged as yours. Last resort, and he will prob call your bluff.


I presume you both bought it as a home, not as an investment. Never advisable to continue owning property with an ex. It is likely to turn very nasty - sounds like it already has. He wants his cake and eat it too.


Bear in mind he can move back in at any time...

quantumlobster

Surely it's "pay up or sell up" for him? i.e. pay half the mortgage, or let him buy you out?

Comms69

He can regardless of any agreement you or he signs. Lodgers have very few rights.

I!!!8217;d say that half the lodgers income would count; BUT there is an arguement to say the whole lot would count as his contribution- ie the lodger is using the room which is now his to use.

Pixie5740

soysauce1245 wrote: »

Hi All,

I'm wondering if anyone can help. Myself and my ex split up. We own a property together and he moved out and I remained in the house. He hasn't contributed to the mortgage, or paid any of the home insurance or maintenance costs (my bathroom was leaking into my living room) since he moved out.

I'm currently trying to get him to agree to me buying him out - he can't afford to buy me out. He is currently refusing. Instead, he wishes to continue joint owning the house for another few years as he believes it will be worth more then.

In the mean time, I've been looking for a lodger to help support me paying for the mortgage and have found one. Great! But now I don't know if I need to get my ex to sign the lodger agreement as well as me? If i don't, could he technically evict my lodger at any point?

Also - would the money the lodger is paying me count as his half of the mortgage? So if he does eventually agree, I would have to pay him the capital on the property despite him not paying the mortgage himself? I don't mind doing this, but I don't want to give him another incentive to refuse me buying him out.

Is there a declaration of trust in place stating what will happen in the event of a relationship breakdown?

An excluded occupier aka a lodger shares accommodation with their landlord. As your ex has moved out the excluded occupier will not be sharing any accommodation with your ex therefore your ex will not be the excluded occupier's landlord. However, as a joint owner of the property there is absolutely nothing preventing your ex from moving back in.

soysauce1245

Pixie5740 wrote: »

Is there a declaration of trust in place stating what will happen in the event of a relationship breakdown?

An excluded occupier aka a lodger shares accommodation with their landlord. As your ex has moved out the excluded occupier will not be sharing any accommodation with your ex therefore your ex will not be the excluded occupier's landlord. However, as a joint owner of the property there is absolutely nothing preventing your ex from moving back in.

Sorry, quoting the original message. So he legally doesn't need to sign any contract with the lodger because he is not occupying the house. However, he could move back in to the house at any point as long as he is still a joint owner.

Pixie5740

soysauce1245 wrote: »

Sorry, quoting the original message. So he legally doesn't need to sign any contract with the lodger because he is not occupying the house. However, he could move back in to the house at any point as long as he is still a joint owner.

No your ex does not need to sign a contract with your lodger, and yes as a joint owner he has every legal right to occupy the property.

soysauce1245

Pixie5740 wrote: »

No your ex does not need to sign a contract with your lodger, and yes as a joint owner he has every legal right to occupy the property.

Really helpful, thank you Pixie. I guess now I need to try and convince him to sell to me asap.

quantumlobster

Sounds like it might be ultimatum time:

"Let me buy you out, or I will default on the mortgage and let it go to repossession and then you'll have nothing and a busted credit score. So, do you like money, or not?"

This is a high-stakes manoeuvre, though, and you've got little option but to follow through if he calls your bluff.

xylophone

https://www.diemlegal.co.uk/court-order-force-sale-joint-property/

Lysimache

Are you able to afford to buy his share out?