can ex wife force sale of house

stevenn1984

I purchased a house with my ex wife in 2006, we divorced in 2008. during the divorce no agreement was made about the house as she didn't want any thing to do with it. now after 10 years she's demanding I give her my address, for her solicitor to send me paperwork forcing the sale of the house. the house is rented out, and she has never paid a penny towards the maintenance costs, repair costs or the mortgage itself, which is also in joint names. her reason is to get a financial split from me. where do I stand? the last message I received from her was "are you gonna give me your address? and save yourself £75". I don't see why I should sell the house, any advice would greatly help.

theartfullodger

She's entitled to her share of the rent. Stone me, British traditions of deceny & fair play!

She is at liberty to try to force a sale (via courts:. There is a process). (You'd probably want if it was the other way round). You are at liberty to resist, through the courts.

tlc678910

Hi, if you didn't have a financial separation with your divorce then your ex can request one. If you can't agree between you how to split your assets, perhaps with mediation, then a court can decide what is reasonable.

The house is unlikely to be the only asset or liability to consider. The financial settlement could take into account pensions, savings, other property, debts, inheritance - it would usually be reasonable to consider these at the point of separation as a starting point as well as any child maintenance or spousal support claimed.

It would be useful for you if your ex was a high earner/had a good public sector pension that you could argue balances some of the value of the house.

The house is still a joint asset (still jointly owned) You mention your ex has made no practical or financial contribution so you need to think about how you financially represent what is reasonable in the circumstances. Get your paperwork together (tax returns for let property?) and you should be able to get a good idea what you have paid out. If you had to pay from your own income for repairs or letting expenses because the rent didn't cover them after the mortgage was paid then you have a good argument to recoup these costs and not split the house 50:50. If you made a profit and had an income from renting the house over and above paying the mortgage and expenses then you probably should agree 50:50 because your ex could demand more.

It must be a shock for you but what if your ex had held on to the house all these years - would you want to see your share?

TBagpuss

As there wasn't a financial order or agreement at the time you divorced, it is open to your ex to seek one now.
If you and she are not able to come to an agreement, and a court were to make the decision, they would have to decide what is fair, looking at all of the assets (not just the house, but also any other property either of you owns, and any savings or pensions) and taking into account all the circumstances, including the delay and things like what you have paid off the mortgage in the mean time, and how much rent has been received, what the house is worth now and what it was worth when you separated, and how much as outstanding on the mortgage then and now..

I'd suggest that you find a solicitor and make sure that your ex has an address she or her solicitors can write to, asap.

AnotherJoe

You don't have to sell the house if you come to a financial agreement with her. That might be paying her some money for her share of the equity. Whatever that is as agreed between yourselves or imposed by a court.
If you are unwilling to come to a financial agreement then yes she can force a sale which will likely be very expensive as you will end up paying all the legal costs, £75 won't even touch the sides, people here have reported £5k-£10k.

stevenn1984

I have no savings, no additional funds, and in an IVA. so couldn't afford the £75, or any solicitors fees. she owns another house, never worked a day whilst we were together either.

AnotherJoe

stevenn1984 wrote: »

I have no savings, no additional funds, and in an IVA. so couldn't afford the £75, or any solicitors fees

So the rent isn't even covering the mortgage then?
Well then looks like you'll have to sell it and pay solicitors fees out of the sale proceeds.

steampowered

The first thing is to check your paperwork to see if you entered into any sort of agreement or order when divorcing.

If not, and she has an interest in the property, then it is perfectly reasonable for her to want her interest to be bought out or for the property to be sold.

Of course if you have been paying the mortgage for the last 10 years her share of the property should be less than yours.

Please understand her position. The fact she has a mortgage against this property will still be on her credit record and will prevent from her getting her own mortgage on another property. Plus she would be liable for additional stamp duty if she wanted to buy a property to live in. So her share of this property might be stopping her from buying a home.

stevenn1984 wrote: »

I have no savings, no additional funds, and in an IVA. so couldn't afford the £75, or any solicitors fees. she owns another house, never worked a day whilst we were together either.

Clearly you can afford £75 as you are a buy-to-let landlord receiving rent.

If you don't have £75 to rub together you can't afford to be a landlord and should be selling anyway.

elsien

How long were you married for?

C_Mababejive

You bought the house with your ex..so she is a registered proprietor at the land registry ?

She can drive a sale of the house to liquidate her interest in it.

AdrianC

stevenn1984 wrote: »

I have no savings, no additional funds, and in an IVA. so couldn't afford the £75, or any solicitors fees.

Then selling your rental property may well be for the best for you, before any of your creditors realise that you have a substantial asset which can be liquidated to cover your debts.


I presume the IVA administrator didn't get told about it...?