Missing ex-husband turns up, wants to sell former home

familyroastchicken

Hi all,

Long time reader, first poster. 

I'm after some advice on an issue myself and my wife knew would arrive one day.

Around 10 years ago my wife purchased a property with her husband. My wife funded the entire deposit herself, and made the mortgage payments herself with no income from the husband (they immediately went through bad times after completing the mortgage and split with him leaving the property after the first month or so of him being there).

He emptied the house of anything of value, and took the only car they had leaving 3 children without transport, a tv, washer / dryers etc...you get the idea.

The only conversation had was that his wife could keep the property as he's taken the car (no finance involved with the car).. An agreement was made (verbally), and he disappeared never to be seen again despite attempts. I met his wife around 6 months after and we fell in love, we married a few years after her divorce came through. The only contact we've had with the ex husband was via the CSA where he would claim he's not working (he was eventually found to be working) and the CSA payments backdated. Off the top of my head it was nearly £10k owed once the CSA spoke to his employer. He then made contact to offer us £1k in cash to write off the debt and stop CSA payments. No dice...

When they were married, he purchased an expensive motorcycle on finance with both of them signing the agreement, he failed to keep up the payments, and my wife was chased for the full amount as they could not contact him. As I was saving for a deposit for a house, I wanted to keep my credit squeaky clean, and build my wife's up, so we made the decision to pay off his motorcycle finance to avoid the inbound CCJ, he still has the motorcycle and it winds me up I've paid for it and never even so much as seen it. Apparently my wife had no rights to have it removed, we at least hope we could be able to sell it to recoup the thousands we ended up paying for him.

Now, with all that behind us we're all together at our home as my wife and children moved in with me and my 2 children. My wife's property was left empty for a good while, but we occasionally made us of it. The idea being some of our children will be 18 fairly soon so wanted them to have a house to live in, and eventually use it as inheritance.

In the meantime a family member had split from their partner, and as we had an unused property we agreed they could move in, and pay rent (nowhere near enough to cover the mortgage cost (about 50%), but we're happy to help as it offsets it a little bit and they keep the property in a good state). Its been a fair number of trouble free years. We had tried to re-mortgage to remove the ex from the property, and even get a consent to let agreement to make sure we're all above board, but as we have no contact / address details for the ex-husband we keep hitting a dead end which is incredibly frustrating as everything needs his permission.

But, the other day I had a message from my wife's ex-husband out of the blue saying he's found out the property is being "sub-let" and that's not in agreement with the bank (it's not being sub let as that would clearly be the relative letting it out to someone else) - but apparently that's what his solicitor has said, and that the advice was to sell the house. I've since asked for his "solicitors" details so I can make contact, but I knew this day would come so I need to deal with it.

We wish to keep the house, but we have been saving for a deposit on a property large enough for all of us now (We currently rent a larger house than the property my wife owns you see, otherwise we would have moved in there).

Knowing my wife's ex-husband as I do, he's likely made some bade choices and is after a quick payday. We've yet to speak to the bank but I was wondering if anyone has had this issue before when an uncontactable ex suddenly arises from out of nowhere after nearly a decade. I've resented paying the mortgage payments each month, knowing full well he's likely entitled to half of the sale value. But we've struggled to ever get hold of him in order to sort this situation. Ideally it would be great if we could simply remove his name from the mortgage and add my own, however I know it's not as simple as that.

I don't know if it's possible to re-mortgage / add me on and take him off, but if that's the case the bank will want signatures and he wont' release and details of where he lives / contact details, other than FB messages.

Really struggling with this one, any thoughts, very frustrating than no doubt he will need a pay-out of some sort given he's never made a penny payment towards it and wishes to get rid of his own children's inheritance.

Thanks

Flugelhorn

was there any discussion at the time  of the divorce about the finances and who owned what etc ?

Section62

1) Was there any financial remedy as part of the divorce or subsequently?

2) Is the renting arrangement with the family member all done properly - e.g. EPC's, Gas/Electric checks, protected deposit, etc etc?

canaldumidi

What were th terms of the financial agreement as part of the divorce? Who got the property? Why was it not sorted out at that time?

If the property is now being let (to family member) are all tenancy regulations being complied with?

If he IS still a joint owner of the property, is he being given 50% of the rent?

Mortgage lender consent? Income declared to HMRC? Valid insurance?

Post 7: New landlords (1):advice & information :see links in next post

Post 8: New landlords (2): Essential links for further information

DE_612183

If the original agreement was verbal, then my understanding is you need to have a official financial split - which usually starts at 50/50 each of any and all assets.

It sounds like your wife may have more to lose than him - you need a solicitor to sort this out.

user1977

familyroastchicken said:

I've since asked for his "solicitors" details so I can make contact, but I knew this day would come so I need to deal with it.

Apologies if this is obvious, but you're not a party to this and the solicitors are not going to talk to you - it's your wife who needs to sort it out. You can of course assist her in doing so.

Section62

DE_612183 said:

If the original agreement was verbal, then my understanding is you need to have a official financial split - which usually starts at 50/50 each of any and all assets.

Strictly there's only a need for a formal financial remedy (approved by the court) if the parties don't agree on the arrangements and to cooperate with each other.

50/50 is typically the starting point, but often only including matrimonial assets.  Things get more complicated with assets owned before marriage, and/or acquired after formal separation.  The aim is to achieve fairness, and in particular to make sure any children of the relationship have their needs met (at least whilst they are still children).

E.g. The wife would have been on a better footing in relation to the house if a financial remedy was agreed whilst she was living in the house with the children as dependents.

TBagpuss

OK, I am goingto assume that there was no finacial order within the divorce proceedings?

Did your wife start the divorce , or did he, and he sha still got a copy of the petitipn(This is relavnat as, together with the fact that she has remarried it may affect whether she can start procedings)

However:
Assuming that there was no fiancial order it is open to him o apply for one now. The court has to decide what is fair in all the circusmtnaces. In this situation, it is highly unlikely to be cosnidered fairfor him to b eable to vlaim 50% of the equity, but it is probable that he will get something.

One option may be for your wife to seek to reach an agreement - prhaps agreeing a smaller lump sum payment in return for him signed a formal consent oroder and cooperating to sign all of the paperwork to transfer the house to her / your joint names. 

Another is to tell him he'll needto apply to court if he wants anything - if he does so, he will have to disclose some contact details either for himself of his solicitor and again, she can ultimately ensure that there is a final order so ths doesn't come up again. 

IF she divorced him and IF she tickered the box on the petition saying she owas making a fiancial claim then she may be able to apply to the court even though she has remarried, if he doesn't cooperate. And while it is time conduming you can get a court order that says he can be served by email / text if he is awkward about provisding details, and ultimately a court can make orders (including orders that documnts can be signed by a Judge if he declines or disappears) in his absence.

It's a pity that your wife didn't get proper advice and sort this out when she first divorced him, as at that satage there would have been much less in the way of equaity and she could have got eveything cleared off - no use you her now but for anyone in a simialr situation - don't put it off! 

theartfullodger

Your wife needs to have a meeting with a solicitors specialising in family disputes AND property.  By all means accompany her, 

Thrugelmir

If you knew that the property would be an issue then waiting has done you no favours. Whatever has gone on before has no bearing. Your wife needs to consult a family law solicitor and take matters forward from there. 

Section62

....unless there is already a financial remedy in place which has settled the question of ownership of the house. (but has been overlooked/forgotten about)