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Ex husband still named on Shared Freehold
gammyleg
Posts: 29 Forumite
Hi all,
My partner owns a flat in a converted terraced house. Hers is the upstairs flat, and another couple own the flat downstairs.
Both my partner & the downstairs couple own the freehold to the property with my partner being responsible for the roof and the downstairs couple being responsible for the foundations.
My partner wants to sell her flat but the duration of the freehold/lease is only about 60 years and she's been told that the buyer will struggle to get a mortgage unless the lease is extended to at least 100 years ( maybe longer )
The problem lies with my partners ex husband. Although she bought him out of the flat when they divorced, his name was never taken off the freehold. Even though they divorced over 15 years ago he is still a most evil, vindictive piece of filth that you can imagine and will likely take great pleasure in not agreeing to sign over his stake in the freehold, or worse, demanding cash to do so ( both highly likely )
Is there any way that a new freehold can be drafted without the need for him to be involved.
The downstairs couple are more than happy to extend the freehold as they may also be selling up soon.
My partner owns a flat in a converted terraced house. Hers is the upstairs flat, and another couple own the flat downstairs.
Both my partner & the downstairs couple own the freehold to the property with my partner being responsible for the roof and the downstairs couple being responsible for the foundations.
My partner wants to sell her flat but the duration of the freehold/lease is only about 60 years and she's been told that the buyer will struggle to get a mortgage unless the lease is extended to at least 100 years ( maybe longer )
The problem lies with my partners ex husband. Although she bought him out of the flat when they divorced, his name was never taken off the freehold. Even though they divorced over 15 years ago he is still a most evil, vindictive piece of filth that you can imagine and will likely take great pleasure in not agreeing to sign over his stake in the freehold, or worse, demanding cash to do so ( both highly likely )
Is there any way that a new freehold can be drafted without the need for him to be involved.
The downstairs couple are more than happy to extend the freehold as they may also be selling up soon.
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Comments
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I'd be looking at the financial agreement that was drawn up at the time of the divorce, if it states that he doesn't retain any of the property then he could be forced to comply.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.4
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I assume the freehold will also be sold to a buyer of the flat. In which case that can’t be sold without involvement of the ex husband. I doubt your partner will want to retain a share of the freehold as that would mean she would likely still be partly responsible for future maintenance.0
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More worryingly, the freehold has a real value as its owner can charge (and has every right to charge) a substantial premium to extend the lease. There's a statutory right to extend, but it's expensive.
So, I agree with @silvercar. Dig out the divorce documents, and see whether the freehold was covered.
No reliance should be placed on the above! Absolutely none, do you hear?2 -
What's the situation with the downstairs lease? Does that have 60 years remaining as well? If so, the ex-husband might look for a percentage of the lease extension premium for that as well.
How many people jointly own the freehold? Is it 4? 2 from upstairs and 2 from downstairs?
If so, are the 4 people individually named on the freehold title - as opposed to a company owning the freehold, and the 4 of them each own a share in the company?
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