Strange Situation - Help Please
Strange Situation - Help Please
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Nezquick

Original Poster:

1,837 posts

156 months

Monday 12th February 2018
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I’m putting this here due to the possible legal implications so please bear with me.

My wife and I separated in early December. We own a house with a joint mortgage, no kids. I moved out into a rented flat in mid January and she’s now living in the house. We currently each pay 50% of the mortgage even though I’m not living there. She’s paying the bills. We agreed in December the house would be put on the market and sold once some work had been done on it. That’s now been completed so selling is the next step.

However, yesterday she told me that she’s moved her friend in as a housemate. This woman is going through a divorce too. And no, it’s not ‘like that’ before anyone asks.

I have issues with all of this:

1. I’m assuming the mortgage provider know nothing about this arrangement and that she’s not told them. What issues could this cause?

2. More importantly, what if this woman decides she doesn’t want to move out once the house is sold? This massively concerns me. I don’t know her at all. I assume my wife hasn’t bothered with any formal agreement at all. She also won’t tell me if she’s getting paid any rent by this woman? I certainly didn’t agree she could move someone in as a housemate even though it’s still half mine. She didn’t ask me.

Any suggestions as to what I can/should be doing? Any other potential issues?

Money is very tight at the moment so expensive lawyers isn’t really an option.

Thanks

kiethton

14,649 posts

210 months

Monday 12th February 2018
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I would think that the minimal risk of this happening is unlikely to be worth ruining any potential goodwill when it comes to finalising everything (I'm assuming there is some to get this far)

anonymous-user

84 months

Monday 12th February 2018
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If she’s honest when it comes to selling there’s paperwork for anyone else living in the property at the time to sign to state they will move out when the house is sold.
I’ve seen and used that myself with my solicitor.
If you’re involved in the selling process ask the solicitor dealing.

Red 4

10,744 posts

217 months

Monday 12th February 2018
quotequote all
Nezquick said:
She also won’t tell me if she’s getting paid any rent by this woman?

Money is very tight at the moment so expensive lawyers isn’t really an option.

Thanks
99.99% certain your ex will be getting paid some form of rent by this woman.

Money might be tight for you. Probably not so tight for your ex in view of the above.

You're paying half the mortgage, it's still (half) your house, but you get no share of the rent.

That's why she's not telling you.

2Btoo

3,821 posts

233 months

Monday 12th February 2018
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Red 4 said:
99.99% certain your ex will be getting paid some form of rent by this woman.

Money might be tight for you. Probably not so tight for your ex in view of the above.

You're paying half the mortgage, it's still (half) your house, but you get no share of the rent.

That's why she's not telling you.
Very much this.

Discuss it with your divorce solicitor, not with a bunch of unqualified nobodies on t'interweb. (I include myself in that number).

Nezquick

Original Poster:

1,837 posts

156 months

Monday 12th February 2018
quotequote all
Red 4 said:
Nezquick said:
She also won’t tell me if she’s getting paid any rent by this woman?

Money is very tight at the moment so expensive lawyers isn’t really an option.

Thanks
99.99% certain your ex will be getting paid some form of rent by this woman.

Money might be tight for you. Probably not so tight for your ex in view of the above.

You're paying half the mortgage, it's still (half) your house, but you get no share of the rent.

That's why she's not telling you.
That’s exactly what I thought too. It’s plainly obvious but I can’t force her to tell me what she’s receiving and if she does tell me, she won’t give me the actual figure.

Nezquick

Original Poster:

1,837 posts

156 months

Monday 12th February 2018
quotequote all
Faz50 said:
If she’s honest when it comes to selling there’s paperwork for anyone else living in the property at the time to sign to state they will move out when the house is sold.
I’ve seen and used that myself with my solicitor.
If you’re involved in the selling process ask the solicitor dealing.
I didn’t know that, so thanks. It makes me feel slightly better about the situation.

Red 4

10,744 posts

217 months

Monday 12th February 2018
quotequote all
Unfortunately mate, you need proper legal advice.

I feel for you, it's a crappy situation.

Most/ many solicitors offer a free 30 minute initial consultation.

You could also ask your local Citizens Advice Centre for help - many have access to solicitors providing free (initial) advice.

Don't tell the ex you've spoken to a lawyer. Why should you ? She's not being fair with you.

Try to keep things amicable but I suspect in view of what your ex has already done without asking you/ she's not willing to tell you/ what you've said -, that won't last long.

Edited by Red 4 on Monday 12th February 18:39

wack

2,103 posts

236 months

Monday 12th February 2018
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You need to get the house on the market asap, sounds to me like moving a friend in is a delaying tactic , has she obtained a gas safety certificate ,there's also a contents insurance issue possibly voiding your house insurance as you're taking in a lodger.

https://england.shelter.org.uk/housing_advice/repo...

big alpha male

52 posts

105 months

Monday 12th February 2018
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any pics?

superlightr

12,920 posts

293 months

Monday 12th February 2018
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why did you move out?

is she paying for half of your rent?

move back in. Sell the house. both rent.

Rude-boy

22,227 posts

263 months

Monday 12th February 2018
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superlightr said:
why did you move out?

is she paying for half of your rent?

move back in. Sell the house. both rent.
This.

Now you need to get professional advice.

GCH

4,141 posts

232 months

Monday 12th February 2018
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Have the locks been changed....

Nigel_O

3,861 posts

249 months

Tuesday 13th February 2018
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Find out the details of the other woman and move in with her ex. What’s good for the goose, etc.....

ScoobyChris

2,307 posts

232 months

Tuesday 13th February 2018
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I think pursuing these two things is just a distraction and you need to follow through with the agreement of getting the house on the market ASAP. The solicitors handling the sale will ensure that it’s written into the contract that all occupants must be out at completion.

You never know, the lodger may well become your buyer wink

Chris


Nezquick

Original Poster:

1,837 posts

156 months

Tuesday 13th February 2018
quotequote all
Rude-boy said:
superlightr said:
why did you move out?

is she paying for half of your rent?

move back in. Sell the house. both rent.
This.

Now you need to get professional advice.
I moved out because I absolutely could not live there anymore - and there's not a chance i'll be moving back.

I've now heard back from her and, surprise, she's not asking her friend for any rent. However, she has agreed to get the house on the market which is progress.

Nezquick

Original Poster:

1,837 posts

156 months

Tuesday 13th February 2018
quotequote all
GCH said:
Have the locks been changed....
No they haven't.

Nezquick

Original Poster:

1,837 posts

156 months

Tuesday 13th February 2018
quotequote all
anonymous said:
[redacted]
I agree with you, that is a major concern.

However, I did offer to sign over all of the house to her and said I wanted nothing in return; no equity, none of the contents being sold etc, just so I could move on with my life and start again.

She wouldn't do it because in her words, I could still take half when the divorce went through, even though I would have provided her written consent that I wouldn't have done that.

So now I've been clear that I want my share when it sells seeing as I'm still paying my half of the mortgage.

OddCat

2,828 posts

201 months

Tuesday 13th February 2018
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Chill. Sounds to me like your wife's friend has just moved in with her for a while 'cos she needs some place to go.

Highly unlikely to have any impact on the sale plan.

Each 50% mortgage payment you made increases your share of the equity by a similar amount as the interest is likely to be neither here nor there. So continuing to do that in the meantime is of little or no consequence if you can afford both that and your rent.

NGee

2,954 posts

194 months

Tuesday 13th February 2018
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Nezquick said:
However, I did offer to sign over all of the house to her and said I wanted nothing in return; no equity, none of the contents being sold etc, just so I could move on with my life and start again.

She wouldn't do it because ...........you wouldn't still be paying half of the mortgage.
The real reason