Strange one for a Friday night but Am I a tenant

[ChrissieKeller61]

Can’t find the answers anywhere online.
Backstory; ex martial home. Financial settlement stated house to be sold all proceeds to me. Mortgage is in ex’s name soley. I have home rights registers.
Ex is now trying to sell the house below market value and went to court to get vacant possession within 21 days. This was set aside for 2 months whilst other evidence is collated.
Question is I have been paying the mortgage soley since 2010. Money has gone into ex’s account every month without fail.
I live in the house, we’ve been divorced 6 years. Surely I have protection as a tenant and he should have been paying tax on his income.

Can anyone confirm or not ?

Please see a solicitor. You’ll get loads of advice on here, some of it incorrect!

@Cherrysoup I’ve had so much conflicting advice from solicitors it couldn’t be much worst tbh

No you are not a tenant.
You have not been paying him rent, you have been paying the mortgage on a property which you effectively own since you are entitled to the equity when it is sold.

england.shelter.org.uk/legal/relationship_breakdown/marriedcivil_partners_sole_owner/rights_to_occupy_the_home

"Transfer for no money
It is possible for a right of occupation to survive, even where it is not registered, if the property is transferred without 'valuable consideration', ie a reasonable amount of money or money's worth. If the owner gave the property away, for example by transferring it into a relative's name while the non-owning spouse or civil partner was still in occupation, the non-owning spouse's or civil partner's right to occupy would still hold good against the new owner.

The practical result for the non-owning spouse or civil partner is that her/his rights to occupy the property will take precedence over those of the new owner or lender. This could mean that the non-owning spouse or civil partner is allowed to remain in occupation, although the other spouse or civil partner no longer owns the property and the new owner is not able to occupy. If the non-owning spouse or civil partner remains in occupation, s/he may have to pay an 'occupation rent' to the new owner or lender."

From england.shelter.org.uk/legal/relationship_breakdown/marriedcivil_partners_sole_owner/resolving_occupation_disputes/action_after_a_sale_or_disposal#3

@AnotherEmma - the marriage ended a long time ago and that’s where it’s all unclear. I can’t effectively own it, either I do and therefore can’t be evicted or I don’t

Why wasn't the house sold 6 years ago then?
The financial settlement wasn't actually honoured.
The house should have been sold following the divorce as per the settlement.
If neither of you wanted that the settlement should have been different; the property could have been transferred to you for example, you've been paying the mortgage so affordability can't have been an issue.

You don't own the property but you are a legal occuper and you are legally entitled to the equity so he can't give it away or sell it for less than the value. See my post at 19.41.

@AnotherEmma affordability wasn’t the issue, getting a mortgage was though

@AnotherEmma that’s very helpful though, thank you. I can’t see any buyers solicitor allowing exchange of contracts without this being resolved

Were you married?

Why did you continue to live in a house where you were paying your ex’s mortgage?

@ecrit yes married and divorced. And it’s my home, it’s my child’s home

He needs to get off the (perhaps so he can get his own). If you can’t get him off it, the house needs to be sold. You should have first option to buy. There’s usually a sale in default clause if he can’t be released from his liabilities under the mortgage within a year of the original order. If the court thinks you are unreasonably blocking a sale, they can order a different method of sale or order the minimum price it should be sold at.

*get off the mortgage.

@Muffintop101 I do understand that. I’m trying to protect myself