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what can i do about the house?

  • disturbedm
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11 Feb 10 #184459 by disturbedm
Topic started by disturbedm
Me and my Ex got a joint mortgage and bought a house back in 2005, after being together we split in 2008, it was and still is amicable, to an extent anyway :P .

When we got the house we tuck out a £15k loan which was used to pay of her car (worke dout cheaper than paying the car seperate) and a get a few things for the house which works out at £300 a month in payments + the mortgage after that.

I moved out in 2008 back to my parents house and have been here since, i am paying the £300 a month because she can't afford to pay for it all and i don't want her to go into arrears with the house which would drag us both down if so. At the time i did this willingly not just because of that but because we couldn't sell due to the fact we wouldnt have enough money so she could get somewhere else to live (parents downsized so not anywhere for her to stay). Even if i could have just sold the house i wouldnt have just had her with nowhere to go. So i offered to pay the loan for the time being while she pays for everything else to do with the house since she is the one living there. (The reason why i pay the loan as opposed to half the mortgage was simply down the the fact that both are in our name so at the time it was just easy to set it up to come out of my bank rather than mess around splitting mortgage payments etc, naive maybe but i didnt expect this to still be going on.

Anyway two years later and she is still using the "can't sell because i wont have money to go anywhere else", the house if it was to sell would clear the debts but not leave extra for her to use as a deposit for elsewhere.

Like i said, ex or not i dont want to leave her in a situation like that but im paying for something i no longer have a part in and im not married to her i dont have children nor does she, so im not legally linked to her. Is there anything i can do about this?

I have my own life to move on with and i can't keep paying this out for aslong as a live (which is what it feels like with the way she responds when i mention selling).

Also im at the stage where i don't even care if she can buy me out or not, i'd gladly just give up my half and be done with it if it was that easy, it just keeps coming down to the fact she can't afford it alone, but if she sells she wont have anywhere to go. But as horrible as it is that isn't really my problem is it? I've been nice as i can but i sick of this affecting my life the way it does.

Sorry for the long post and hopefully it makes sense, (its late :P). If you need more info please ask.

  • Elle
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11 Feb 10 #184521 by Elle
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disturbedm,

One thing that is clear from the posts here is that when one party is reaping finances and comfort at the expense of the other party, the "cosy" party is reluctant to progress matters to concluding financial ties. As you say there are no children and the relationship is over however it appears that your ex is willing to allow you to support her indefinetly.

I believe you have been more than fair and perhaps it is time you sought a CO for sale of the house. That there are no children and not married, this should be fairly straightforward. Your ex needs to accept that her housing needs are now her responsibilty and that she has been given sufficient time and financial support in which to do so...there is case law that states having a purchased house as opposed to renting is not a legal entitlement.

E

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11 Feb 10 #184529 by disturbedm
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Thank you for taking the time to read and respond. My problem is that i was under the impression both people in joint ownership have to agree to sell, although i'll admit the hours and hours i've spent looking always seemed to include marriage/kids.

I don't mean to sound ungrateful but i don't think simply telling her she needs to accept that her housing needs are now her responsibilty, i've been telling her that for awhile, but as stated it always came down to the market at the time - recession (which i understand) or the fact there wouldnt be enough for her to get somewhere else.

So how exactly do i go about getting the train moving on all this, i'd like to know exactly what i can do and have it set out in my head then atleast i can goto her and say "look im going to do this unless we get sold now".

Sorry again i have absolutely no idea on this front! :unsure: .

  • Elle
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11 Feb 10 #184536 by Elle
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Thats correct, however if one party is not willing to sell, is depending on the other party for financial support, is able to work and there are no children, a CO can be sought to force sale.

I fully respect that you have been fair and that "simply telling her" will not achieve anything however if she is not willing to accept/attempt/want to sell the house, again your only option is to seek a CO.

The following link will give you information pertaining to cohabitation and separatio...


www.wikivorce.com/divorce/Resources/Libr...ation_s33_m1852.html

E

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