Renting 'half' of a house you co-own, to the other owner??

ST1991

Long story short:

I own a house with my husband and we split last year. Getting divorced, selling the house. I had to move out and rent but he still lives there. History of violent and threatening behaviour so i removed myself form the situation.
We had an offer on the house, which fell through last week as the buyer pulled out.

Neither of us can afford to buy the other one out, he is in no rush to move as he's comfy living there whilst we still split the mortgage payments 50/50. On the other hand i'm paying half the mortgage + rent and bills for a flat somewhere else as we cannot live together and as it was my decision to break up it was 'on me' to move out.

Anyway - we have taken on-board the reasons for the buyer pulling out, will do some work to the house and relist it.

In the meantime...

I had a suggestion for us to rent the house indefinitely, but he said he would have nowhere else to go.

Should he be paying me 'rent' for living in the house whilst i am not, although we are still both covering the mortgage?

If so, in theory could either of us live there singly, and pay some kinda of 'rent' to the other one, without it looking as if only one of us is covering the mortgage?

If i lived there i could cover the mortgage payments myself, or bring in a lodger to help. he could obviously do the same too.

Comms69

In theory you can agree something like this; but I don’t believe you could compel him to do so

ST1991

Thanks for replying.

That's the thing, would be difficult trying to agree between ourselves.
I wasnt sure if anyone had done anything similar before (maybe not even couples, but perhaps friends that co-own a property together?)

It's just so tricky because i can't even move back in if i wanted to (he flat-out told me he won't let me) so finances are tough and i'm working 2 jobs just to cover my bills (9am-6pm, then 10pm-4am) and it's having a huge impact on my health

hazyjo

You should not have moved out.


With a history of violence, etc, I think you could have actually made him move out (my friend is in a similar boat).


He may have told you that you can't move back in, but he's wrong (or just lying).


How long is your lease? Is there a break clause?


Kids?

[Deleted User]

ST1991 wrote: »

Thanks for replying.

It's just so tricky because i can't even move back in if i wanted to (he flat-out told me he won't let me)

You can move back in whenever you want, its your house too! He has no right to tell you you can't. (Although, if he is violent then I think you're probably doing the sensible thing by staying away)

ST1991

Hazyjo - i know, i was stupid and i know i shouldn't have moved out but it was taking a huge toll on my mental health and he has a way of turning the tables. I have lost all of our mutual friends, received abusive messages from his family, and received threats from him to find me at my new address.

I know that i 'can' move back in, but the fact he says he won't let me worries me. I have a police report (they took no action as i asked them not too) so if anything were to happen further they already have everything noted.

I can give a months notice in my flat, no problem. No kids (thankfully) although we were trying and a preg scare is what make me re-evaluate our entire relationship and leave.

pinklady21

Have you seen a solicitor? Suggest you find one pronto to discuss your options. Best of luck.

ST1991

Thanks Pinklady. No i haven't yet. Silly me again really...

Struggling to afford everything let alone a solicitor which is why i havent gone yet but i'll see if i can get some free advice, they sometimes do an hours advice free etc

Pixie5740

There's no law to make him pay you "rent" for half the house. Anything agreed would be an informal arrangement between you and it sounds like there's not a snowball's chance in hell of him agreeing.

Really you need to get divorced and get a financial order in place pronto. Wikivorce is a good source of information, or so I'm told. Did you contact an organisation such as Women's Aid as suggested in your previous thread?

https://www.wikivorce.com/divorce/

You could always stop contributing towards the mortgage. I know that you have joint and several liability for the debt but really, what's the worst that can happen? Absolute worst case scenario is the property is eventually repossessed but that takes years for a lender to go that far. Best case scenario is that he starts stumping up the full mortgage payment himself. I'd take the gamble.

hazyjo

ST1991 wrote: »

Hazyjo - i know, i was stupid and i know i shouldn't have moved out but it was taking a huge toll on my mental health and he has a way of turning the tables. I have lost all of our mutual friends, received abusive messages from his family, and received threats from him to find me at my new address.

Never call yourself 'stupid'


I was in a similar boat too with my ex husband, so do know how hard it is. His mood swings through alcohol were just impossible, not helped by me being defensive with a short fuse. I found it very hard to ignore him or walk away when he started. Most of the time it was amicable though, but I also chose to pay two lots of money and spend most of my nights at my BF's until the house was sold. There were nights I had to spend there still, and we would move in when he was away at his GF's or on holiday. Worst year of my life - not helped by other traumatic things! There is light at the end of the tunnel...

theartfullodger

Sorry, violence never acceptable.

Suggest contact CaB who may have short free solicitors sessions or contact a family law solicitors.