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Moving out to rented whilst selling house jointly owned with ex
joanna2675
Posts: 7 Forumite
Hi there, good morning....:)
I really need some advice, as not too sure what my rights are, but have a feeling, so saw this forum and thought I am sure someone may have an idea or experience in this area (fingers crossed)
So I have bought a house with my ex 3 years ago, April 2016 and we are currently going through a break up, the house is jointly owned by both of us and it has a shared ownership attached to it, which is due to paid back to the government in 2 years time which is the time left on it. We both put down deposits and the house is on the market as we speak to sell. There is enough equity in it as well if it sold now or if we could drop another 10k. However its been on the market a year and still no offers or sales and we have dropped it already 15k.
The problem I have, is, as it was my decision to leave and to move out to rented (as I cant live in the same house as him and its been 6 months) I just want to keep the house on the market until it sells and then wait for my deposit and equity back so I can buy again later on. I am told I still have to pay the mortgage and bills, ie council tax and the likes which is fine thats no problem at all.
What my concern is, is what if the house doesnt sell and I am stuck waiting as I know he won't drop the price, I can afford to buy him out, but this may take months and its really expensive with solicitors, help to buy, re mortgage and the time it takes to give him the payments etc...., but would rather just get out and see if it sells first whilst I am renting, as my rent in this new place is for a year which gives the house an opportunity to sell in that time. I just want to know, that I won't lose out in any way when I do move. I will be making sure it looks nice whilst out and whilst viewings are taking place too.
Any thoughts, should be ok or am I just panicking. My ex doesnt have the money to buy me out or pay off the help to buy scheme.
Thank you for reading, hope that makes sense
I really need some advice, as not too sure what my rights are, but have a feeling, so saw this forum and thought I am sure someone may have an idea or experience in this area (fingers crossed)
So I have bought a house with my ex 3 years ago, April 2016 and we are currently going through a break up, the house is jointly owned by both of us and it has a shared ownership attached to it, which is due to paid back to the government in 2 years time which is the time left on it. We both put down deposits and the house is on the market as we speak to sell. There is enough equity in it as well if it sold now or if we could drop another 10k. However its been on the market a year and still no offers or sales and we have dropped it already 15k.
The problem I have, is, as it was my decision to leave and to move out to rented (as I cant live in the same house as him and its been 6 months) I just want to keep the house on the market until it sells and then wait for my deposit and equity back so I can buy again later on. I am told I still have to pay the mortgage and bills, ie council tax and the likes which is fine thats no problem at all.
What my concern is, is what if the house doesnt sell and I am stuck waiting as I know he won't drop the price, I can afford to buy him out, but this may take months and its really expensive with solicitors, help to buy, re mortgage and the time it takes to give him the payments etc...., but would rather just get out and see if it sells first whilst I am renting, as my rent in this new place is for a year which gives the house an opportunity to sell in that time. I just want to know, that I won't lose out in any way when I do move. I will be making sure it looks nice whilst out and whilst viewings are taking place too.
Any thoughts, should be ok or am I just panicking. My ex doesnt have the money to buy me out or pay off the help to buy scheme.
Thank you for reading, hope that makes sense
0
Comments
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I'm not sure what you're actually asking? What happens if the house NEVER sells? That's unlikely. What do you think you will lose out on? Sorry I'm confused.
You've said you can buy him out but it will take 'months' yet you have clearly signed a year lease to rent and see if the house sells.
It all boils down to whether you trust your 'ex' to push for a sale, or whether he will sit back, enjoying having the house to himself (while only paying half of everything).
BTW, you do NOT have to pay council tax or bills - only the mortgage. Is he claiming the single person discount from the council for the council tax?0 -
Hi there, thank you for your reply. The real reason I have decided to move out is because its unbearable to live with him and it may take a further 2/3 months before I can get him to move out or I may not be able to afford the mortgage, we also have a help to buy on top of this as well. So its unlikely with all solicitors bills and this that I can really afford it as its really expensive.
The lawyer mentioned I have to pay the council tax and bills even if I have left the house as it is still mine in the process.
he is not claiming as of yet until I have moved out.
So I have had to move out because I couldn't stand living there anymore with him and it was my idea to leave him he doesnt have to really move out so to speak as its half his house too.
I am just concerned I will lose everything or he decides that he won't accept a sale if someone wants to buy the house, I guess I won't know really until the months go by etc.
Thank you0 -
You do not have to pay council tax and bills if you are not living there. Get a new solicitor. The bills are the responsibility of the person living there not the owner unless the property was empty.0
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Once you have gone if he is relatively happy there and you are still paying why would he sell?0
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Ok thank you, I think I will definitely get a new solicitor as this is worrying she is saying I am entitled to paying all the bills, utility included too as well as the mortgage. I won't lose out on anything if I move out and he is not entitled to move anyone in? I do feel I want this to be stated with a solicitors letter so that he doesnt do anything illegal whilst I am out thats my main concern you see.0
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The house is on the market already it has been since May we have both signed, so I don't think he can suddenly say right I don't want to sell anymore. I have to sign to agree to this with him as we have both signed it up on the market.0
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Of course he can.joanna2675 wrote: »...and he is not entitled to move anyone in?0 -
why is he entitled to move someone in?0
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If you are not resident and someone else is then you are not liable for the council tax charge (except in certain, specified cases, which do not appear to apply here) - you would however be liable as the non-resident owner if no-one else was resident in the property.The lawyer mentioned I have to pay the council tax and bills even if I have left the house as it is still mine in the process.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
joanna2675 wrote: »The house is on the market already it has been since May we have both signed, so I don't think he can suddenly say right I don't want to sell anymore. I have to sign to agree to this with him as we have both signed it up on the market.
Of course he can
10 months and not sold, probably price
Easy for someone to look like they are trying to sell when they have no intention of doing so and help by a price that is too high.
If someone does get interested easy to put them off
I can't see what the motivation is for him to sell even less if you move out.0
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