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I own a property with My Ex husband and I have found out it has been rented out!

Hello there....looking for some advice!

I currently own a property with my ex husband (we divorced January 2018) which we bought in 2005. In 2015 I left him and as he wouldn’t leave the property so I had to private rent (costing a lot in deposits ect). I had to pretty much start again and got my self in to more debt doing so, we have 3 children so has cost me a lot of money as putting a roof over their was my main priority. He didn’t pay a penny for 18 months and then paid when felt like it until I contacted Child maintenance. We split the debt we had but he was left with the loans that were finishing within a year and I was left with credit cards and store cards with internet added every month. We we separated he still had a lot of belongings in the house that we agreed to sort out at a later date and we also decided that he would pay for school trips and uniforms every year....which he hasn’t ever done. I contacted a Solictor around January 2016 to seek leafal advice and then eventually filled divorce in the July. He ignored all letters as he didn’t want to put his hand in his pockets so he had Bailiffs go to him and in the end the court agreed to the divorce without his say so as he had messed me about so much and I had messages as proof from him. The Solictor put that the divorce should paid for by him in the financial settlement. He currently has a new partner and I have found out as I went to the house that I own that he has taken everything out of the house all of the children’s things and is now renting it out! I contacted the mortgage company and the housing association as the house is shared owner ship.....and they were not aware of the situation! Also he will probably not be pay tax on the rent as I know cus has bragged to me about this that he get a lot of work through being self employed as cash and doesn’t put it through the books. Therefor child maintenance is also being lied to about how much he earns so he can pay very little for 3 children.
Where do I stand now? I do not agree to the property being rented and I have already started court proceedings to get this sorted so I can move on!

I have spoken to a Solictor and mediator and they both said everything will decided....even debt if we can prove it is from our marriage. Then they take other things into account.
I have spoken to my ex husband and he is adamant that I have no right to the property and he has been to a doki and they have told him that because I have paid a penny to the mortgage since I left I don’t have any right and I won’t get anything.

Can anyone help with this as I am worried that 10 year of my life I will have nothing to show for or anything to put away for my children as I know what money he gets will never be seen my the children. I really don’t want to be greedy or take him for everything he has got I just want to have what is rightfully mine.

Many thanks x

Comments

  • Sibz
    Sibz Posts: 389 Forumite
    100 Posts Combo Breaker Name Dropper First Anniversary
    What have your solicitors said? They are the experts in this (or should be)
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You solicitors will be able to force a sale of the house and split the proceeds.
    What percentage you get will depend on how much you both put in to the house with the deposit, how long you both paid the mortgage together and then how long he paid the mortgage on his own.
    Changing the world, one sarcastic comment at a time.
  • D_M_E
    D_M_E Posts: 3,008 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    If you still own a share of the property thyen you should be getting a share of the rent.

    If he's not declaring it then HMRC can chase you for any tax due on the rent as well as him.

    You really need to mention this to your solicitor and consider also reporting to HMRC, telling them your share of the rent is zero but they may not accept a zero share.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    So you have actually divorced?
    What did the divorce's financial agreement state about the property?
  • Hutch100uk
    Hutch100uk Posts: 610 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    stator wrote: »
    You solicitors will be able to force a sale of the house and split the proceeds.
    What percentage you get will depend on how much you both put in to the house with the deposit, how long you both paid the mortgage together and then how long he paid the mortgage on his own.


    I might be wrong here but surely what you put into the house deposit-wise is meaningless if you are 50/50 joint tenants?
  • tlc678910
    tlc678910 Posts: 983 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Hi,
    I wonder if you are able to add yourself to this register so you will know if your ex tries to sell the property.
    https://www.gov.uk/protect-land-property-from-fraud

    Did the financial settlement state what should happen to the house equity? If you are joint tenants it should be 50:50 usually and each share passes to the other joint person on death (not sure if divorce changes this assumption) so you might want to look into changing to tenants in common and making a will, so you can leave your share to your kids.

    Tlc
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