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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Moving out of bought house with ex, into rented, not sure what my rights are - a tad worried

3 replies

Mellodenise · 01/04/2019 08:33

Hi,

Not sure if this is the right section to go on but hoping someone can shed some light or help. If I need to go to another chat thread please let me know.

I have left my ex of 5 years and we have a house together bought in both names, lived in this house for 4 years. We are not married, no children. Just engaged.

The living situation is horrendous for me, we are still living under the same roof and its been like this since November when I left him of last year.

The house has been on the market since May 2018, we had 2 offers but they had yet to sell their house. We wanted to sell the house anyway before we broke up.

With the current market at the moment, the house is a 5 bed too we are not too sure when it will sell. Its also in a new build estate and the houses opposite won't be finished until September 2019, we are told.

So, because its unbearable, and I decided to leave him, I have decided to move out into rented. Now I have been told by a solicitor that I am entitled to pay the utility bills still and the council tax as well as the mortgage of our house together, is this right? I thought I didn't need to but just pay the mortgage?

Also as I own half the house still, I am hoping he doesnt do anything that I lose out on as we both had deposits we put down on the house as well as equity since we are living there. He cant afford to buy me out let alone get a solicitor.

I just had to get out and as it was my decision to leave him and felt it was only right for me to go. The house is big enough for both of us to live in it but he is making my life really hard and wants me to keep on talking to him but realistically and emotionally it is not working and ends up in fights/disagreements and upset.

I guess what I would like to know is, would I lose out on anything here if I move out whilst house is on the market?

Thank you so much

OP posts:
pinkkoala · 03/04/2019 22:34

Bump

LemonTT · 03/04/2019 23:12

I am not sure what it is you are asking. But will give it a try

As your solicitor has confirmed you have obligations in relation to the property which goes beyond the mortgage and insurances. You will need to come to an agreement with your ex on these. I think it is unreasonable to expect him to cover 100% of the running costs on such big property. Whether you like it or not you made a financial commitment and if you fail to meet this, then there are consequences. From the lender and your ex who can sue to recover costs. You might want to bluff it out but if he can't afford the cost of running the house he could default and your joint financial obligations. Leading to poor credit ratings and if it goes on long enough repossession.

You both need to face up to the reality of the situation and work out practical ways to sell (lower the price) and to reduce running costs (mortgage holiday till it sells). Other things that might be acceptable is to see if he is willing to have a lodger to help with costs. You need to look into options and be prepared to get him to agree to them.

Singlenotsingle · 03/04/2019 23:20

I f you stopped paying towards the mortgage, Exdp might not be able to pay it on his own, which could lead to the house being repossessed with consequent huge financial problems for both of you. The council tax should be reduced by 25% for single occupancy so that's a saving. As far as utility bills are concerned, he is using the gas and electricity so that's down to him. You terminate the current contract and he will need to set up new contracts in his sole name.

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