Claiming occupational rent arrears from Ex-wife's partner on jointly owned property.

TomfiddleHSO

Hi,

I hope someone may be able to provide a bit of guidance for me here - I'll try to keep it as brief as possible!

I joint own a property with my ex-wife who still lives there with our two children. The house has been on the market for 18 months now after a lengthy and expensive court process that ruled it to be sold immediately with net profit to be split 50/50. There are significant debts on both sides.

Her boyfriend moved into the property in November 2019. I then decided to stop paying half the mortgage seeing as I have been struggling financially. I had no choice but to move away from the area to live with family before I can move back to be nearer the kids. Child maintenance is up to date.

Seeing as I am in a position where I own a property but can neither live in it or utilise it as an asset, I have requested occupational rent from the boyfriend several times without success and so have now formalised the situation by sending an invoice for arrears. I've had no response yet. I'll continue this each month for consistency.

Although the prioity is to sell the house immediately, I am considering going through he small claims Court to obtain this rent owed. I have charged on the basis of half of the current rental value which would usually be split between both owners (Ex and myself). If I took it to court I guess I would charge for just my half, which is currently around £3,000.

My ex has also just successfully managed to get a mortgage payment holiday siting Covid-19 related issues as the reason. She is still working full time and has her boyfriend there too to contribute, so I she is certainly not needing this to help. The mortgage is interest only and is low at £350 p/m. The first time she tried this I managed to block the holiday, but this is the 2nd request and according to the mortgage company (Rosolite), they have granted it regardless - 'it's policy' I'm told as it's Covid related.

I have explained to the mortgage company the financial implications for me as every month's interest payment will be added to the total amount to be paid back upon sale, which I will have to pay half of and will therefore effectively be subsidising her and her boyfriend living there. The Court ordered that she be responsible for all running costs.

She has told the mortgage company that her boyfriend only stays 3-4 nights per week, which I know is untrue as my children have been told he is living there from the moment he moved in, and any correspondence through email or text where I mention him living there, has not been denied. I do not believe him to be registered officially as living there on the register and there has obviously been now tenancy agreement signed as my ex is also joint owner.

The mortgage is interest only btw.

My question is:

1. If I go through the small claims route, is it likely he'll be able to wriggle out of any claim by saying he doesnt live there and instead stays temporarily? I assume he has his old flat / house to have mail sent to etc so it's hard to prove.

2. Is the correspondence I have of referring to him living at the property not being denied, enough to use as evidence he actually has been living there?

My son is 13 but don't really want to involve him as a witness obviously.

Sorry this is a long one but wanted to give as much info as possible in case there is anyone who has had a similar experience with advice. Just can't afford the solicitor anymore!

Thanks in advance,

Tom

sammyjammy

If you hadn't stopped paying your half of the mortgage then i might have some sympathy.  How can you charge him for half the house if you aren't paying your half?

[Deleted User]

sammyjammy said:

If you hadn't stopped paying your half of the mortgage then i might have some sympathy.  How can you charge him for half the house if you aren't paying your half?

There are NO halves of mortgages - what a ridiculous thing to say
borrowers are jointly and severally liable 
the OP’s contract is with the building society not his ex unless the court Order - orders him to indemnify his ex for half 
My complaint OP - and would be made by FORMAL LETTER is that as a joint borrower, you do not and never have agreed to the payment holiday and it was done without your agreement
I doubt you can claim rent from someone you have no contract with.
The property is not selling as its no doubt over priced and your ex does not want to sell it so Im sure she does a lot to put off possible purchasers
It may be time to apply to the court for the court to take over the sale - expensive though 

diggingdude

Yes jointly liable. Sounds like OP wants to have his cake and eat it. 

Comms69

TomfiddleHSO said:

Hi,

I hope someone may be able to provide a bit of guidance for me here - I'll try to keep it as brief as possible!

I joint own a property with my ex-wife who still lives there with our two children. The house has been on the market for 18 months now after a lengthy and expensive court process that ruled it to be sold immediately with net profit to be split 50/50. There are significant debts on both sides.

Her boyfriend moved into the property in November 2019. I then decided to stop paying half the mortgage seeing as I have been struggling financially. I had no choice but to move away from the area to live with family before I can move back to be nearer the kids. Child maintenance is up to date.

Seeing as I am in a position where I own a property but can neither live in it or utilise it as an asset, I have requested occupational rent from the boyfriend several times without success and so have now formalised the situation by sending an invoice for arrears. I've had no response yet. I'll continue this each month for consistency.

Although the prioity is to sell the house immediately, I am considering going through he small claims Court to obtain this rent owed. I have charged on the basis of half of the current rental value which would usually be split between both owners (Ex and myself). If I took it to court I guess I would charge for just my half, which is currently around £3,000.

My ex has also just successfully managed to get a mortgage payment holiday siting Covid-19 related issues as the reason. She is still working full time and has her boyfriend there too to contribute, so I she is certainly not needing this to help. The mortgage is interest only and is low at £350 p/m. The first time she tried this I managed to block the holiday, but this is the 2nd request and according to the mortgage company (Rosolite), they have granted it regardless - 'it's policy' I'm told as it's Covid related.

I have explained to the mortgage company the financial implications for me as every month's interest payment will be added to the total amount to be paid back upon sale, which I will have to pay half of and will therefore effectively be subsidising her and her boyfriend living there. The Court ordered that she be responsible for all running costs.

She has told the mortgage company that her boyfriend only stays 3-4 nights per week, which I know is untrue as my children have been told he is living there from the moment he moved in, and any correspondence through email or text where I mention him living there, has not been denied. I do not believe him to be registered officially as living there on the register and there has obviously been now tenancy agreement signed as my ex is also joint owner.

The mortgage is interest only btw.

My question is:

1. If I go through the small claims route, is it likely he'll be able to wriggle out of any claim by saying he doesnt live there and instead stays temporarily? I assume he has his old flat / house to have mail sent to etc so it's hard to prove.

2. Is the correspondence I have of referring to him living at the property not being denied, enough to use as evidence he actually has been living there?

My son is 13 but don't really want to involve him as a witness obviously.

Sorry this is a long one but wanted to give as much info as possible in case there is anyone who has had a similar experience with advice. Just can't afford the solicitor anymore!

Thanks in advance,

Tom

You have exactly zero right to this demand. Zero.

if this goes before a court you will lose in exactly the length of time it takes for the judge to stop laughing. 

[Deleted User]

diggingdude said:

Yes jointly liable. Sounds like OP wants to have his cake and eat it. 

You want to be paying a mortgage on a place you do not live, plus CMS, when the court ordered a sale, and the ex wife is taking the mickey moving in a new bloke and you cannot move on yourself and get a decent place for son to stay on contact ? I think OP has had enough tbh and just wants what the court ordered to happen 

greatcrested

Focus your energy on getting the property sold.

* is it being advertised at a realistic price?

* are the agents being helpful?

* are the agents being obstructed?

* how many viewings have there been, in what period?

* do you have a conveyancing solcitor ready?

* has the agents(s) given you feedback from viewers?

* has the agents(s) given you feedback on your ex's behavior if she's present during viewings?