Oh where to begin? Divorce, ex in my house & not paying mortgage

Silly_Cow

Truly, I don't know where to start here. I'm tearing my hair out!

I finally got divorced in February:j I left the 5 bedroom marital home 18 months ago & moved into my little 2 bedroom house. Ex stayed in the marital home on his own. In the divorce settlement, I was awarded the equity from both houses but he is allowed to live in the big house until completion.

Last week, I discovered via a Credit Expert alert that he hasn't been paying the mortgage. Oddly, January's and March's haven't been paid but February's has. Now he's made the declaration that he's not going to pay the mortgage any more "'cos what's the point?". He's also said he's not going to move out without an eviction order. I can't even put the house on the market whilst he's still living there as it's like something off Life of Grime. The total mess and filth would be horrendous on its own but to top it all off, he also has a 10 month old puppy that he NEVER walks and therefore she urinates and defacates all over the house. It's beyond dreadful.

I've spoken to the mortgage company (Bank of Scotland) who have been useless and helpful in equal measure. I am paying 3 months' mortgage tomorrow and thankfully I have 6 months' worth in savings but I doubt that's going to be enough.

My solicitor's gem of an answer to me was "well, it's a joint mortgage so you're equally responsible for paying it". Bear in mind, my monthly salary is around £1,000 and the mortgage on the big house is £1,400 a month. I'll stick my neck out here and say it's a tad beyond my means.

Does anyone know what on earth I can do to get him out??

silvercar

Has the court ordered the sale of the house? If so it needs to go on the market. Tell him to tidy it up and sort the dog; at some point he is going to realise that not tidying it will effect how quickly the property sells.

One option is to go back to the solicitor with a view to ordering him thruogh the courts to pay the mortgage and keep the house in a saleable condition. Another option is to tell him that you are moving in if he can't keep the house tidy, with 5 bedrooms there should be room for you both.

I know a couple divorcing with the marital home for sale, the husband was trying to do side deals with buyers, she went to court and the court have instructed which EAs are to be used, the asking price and dictated that the price is dropping by 10k every two months until sale!

Silly_Cow

Thanks for the swift reply, silvercar.

Yes, the court has ordered the sale of the house, stating that it is done through an EA of my choice and at a price of my choice.

The problems that I can see are:

1) The order doesn't specify who is responsible for keeping up the mortgage payments.

2) Ex doesn't gain at all from the sale of the house. All the equity is mine (and is needed to buy a 3 bedroom home).

3) Ex is allowed to live there until completion!

All these problems have resulted in him living there mortgage-free with no impetus to get the place sold I wish that when I "tell him to tidy it up and sort the dog" he'd see reason but, unfortunately, he's pretty irrational at the moment.

I might try the moving in suggestion. Thanks for your help.

Rachman_2

With respect, you can't see why he's irrational ?

He's lost his marriage (as have you) his home, he's been left with nothing and you are forcing him out. I know that's not how you see it, but imagine it from his point of view. You've got twohouses and control of seemingly everything - he's clearly going to do his damnedest to be difficult. I take it that your lawyer wiped the floor with his and your lawyer failed to point out that in doing so it might lead to some pretty unpleasant consequences (like this) ?

Strapped

In his shoes, I'd imagine I'd be doing pretty much the same! Sorry, but surely your solicitor must've pointed out that this might happen?

Trollfever

Yes, the court has ordered the sale of the house, stating that it is done through an EA of my choice and at a price of my choice.

Is it on the market?

notisis

With respect we really don't know the full history or settlement terms so I feel we ought to stick to advising the poster on her question ie what can she do. Best thing go back to your solicitor, check the terms of any order in place with the exact wording, ask your solicitor to write politely to your ex's solicitor requesting he keeps the house in reasonable condition and point out your joint obligations regarding the mortgage. If that doesn't do the trick go back to court although it will cost. You need to weigh up cost of court and solicitors fees against what you will lose to decide which course of action is economic for you.

Having worked in various solicitors firms what seems obvious at first glance never usually is! In a divorce there is plenty of history that comes into play and it is often never cut and dried. Also as other posters have pointed out there are usually feelings of grievance on either side whether these have real foundations or not.

Generali

Unfortunately for you, the rational course of behaviour is for him to make it as hard as possible for you to sell. Until the house is sold, he's living rent-free and when the house is sold not only does he have to start paying rent but also someone that may not be his favourite person in the world right now gets a load of cash too!

I think you're going to have to get the solicitors involved again.

Rabiddog_2

First things first, Take away all his matches!
surely you are both obliged to pay towards the mortgage?, and also I am sure there would be a clause stating that the house is kept in a "clean and reasonable state", altho if he never did any housework during the marriage then why should he start now? Employ a cleaner and make sure the cost is reflected in the final settlement..

Generali

Rabiddog wrote: »

First things first, Take away all his matches!
surely you are both obliged to pay towards the mortgage?, and also I am sure there would be a clause stating that the house is kept in a "clean and reasonable state", altho if he never did any housework during the marriage then why should he start now? Employ a cleaner and make sure the cost is reflected in the final settlement..

Read the OP again. The ex doesn't have to pay the mortgage and gets nothing from the sale of the house from my interpretation.

silvercar

Clearly more to this settlement than we know. On the face of it the ex gets no home and no equity, there must be something in there for him.

I don't understand why he is being allowed to remain in the property if he is getting no money from its sale; normally one half remains in the property because they are due some money from the sale to buy/ rent a place of their own. If he is getting nothing, why does he need to wait until completion to move on?