House struggles

[bubbles1083]

Looking for some advice if anyone else has been in the same situation.

My husband still owns 50% of his previous family home. His ex currently lives there (they never married) with his two children, new partner and their children. We share his kids 50/50.
They currently have an agreement that his ex and her partner pay the mortgage in return for keeping his name on the mortgage as they would not be able to afford the mortgage on their own. It is currently a very small payment when compared to current rates and rent prices but the cheap rate is due to expire in the next few months and my husband does not want to find a new fixed rate as they are trying to work towards taking his name off the mortgage.

My question is, would they be able to secure another fixed rate without my husband’s permission and what are his options once his children turn 18. He does not want them to have to sell before his children turn 18 (or whatever age they move out). However he is worried as they now have young children of their own and my husband doesn’t want to be responsible for children that are not his.

They probably won’t be able to get a mortgage on a property when another person not on the mortgage has an interest in that property. He should tell them to buy out his 50% or sell up and rent.

They will probably refuse and he will spend time and money trying to get out of this situation. Chances are his kids will be 18 by then. If he waits until they are 18 before he tries to get his money out he will waiting a long time beyond that.

There is zero reason for them to cooperate and move. They clearly can’t afford a home of that size in that location.

Your husband needs to call the bank and ensure they know the circumstances. They will not be able to secure another fixed term without his say so.

My ex partner is currently living in marital home with her new partner and children and they are having to pay the standard variable rate until they take my name off the mortgage as I have refused to sign another deal.

@adv1ce1987are you still having to pay half the mortgage? I fear that when the rate goes up they will ask him to pay half.

@LemonTTYeh, that’s what I thought. It’s the smallest possible house they can live in so I’m really not sure why they want to stay in it either. Their youngest two currently don’t have a bedroom. The full mortgage is currently under £450! It’s so frustrating.

No I am not paying anything to the mortgage. I was advised that if I signed a new deal I would effectively be signing to say I agree to the current situation...which I absolutely do not. My ex solicitor advised her that they could force me to sign a new deal which I know is a load of rubbish.

They took me to mediation with their main point being me signing a cheaper mortgage deal for them to enjoy whilst my rent goes higher and higher. The ex refuses to sell the house so that I can move on.

I explained to my ex that if at any point they expect or try and force me to contribute towards the mortgage then they would need to clear a bedroom out for me to move back in, at which point their new partner would not be allowed in the house.

Maybe them moving to the standard variable is the kick up the arse they need to buy your husband out and free him of the mortgage on the house that they are enjoying living at.

I would call the current mortgage provider and update them. I say this because when I was in a relationship with my ex and it was time to get a new mortgage, I was able to join us both to a new mortgage with a few clicks. It was very easy with the same provider. They already had everything they needed (yes, at the time I had verbal consent to do this by my then partner, I wasn't being sneaky).
He needs to seek legal advice. He could go down the legal route where they go to mediation to try and reach an agreement. This could lead to court to force a sale. I would say that by the time his kids are 18/moved out, the couple won't necessarily be in a much better financial situation as prices increase and their younger kids will still be at home. So they won't go willingly then.
Get legal advice.
My ex still lives in the jointly owned home. He pays the whole mortgage, I'm having to take him to court as he has refused mediation. He says he can't afford anything else.