Rental property and childcare with ex

[OhWesternWind]

Hi - can anyone help me here with a bit of advice?

The first thing is that ex and I jointly own a rental property. Ex has always run this and seen to the mortgage payments (and kept the rental payments)! I've basically had nothing to do with it, don't have the keys etc but we bought it as a joint investment. Since we split up in Jan, I have been asking him to get this property put on the market but he has done nothing. Now he is saying the tenants have left so he can't afford the mortgage and is trying to get me to pay half the mortgage payments. I am going to have to do this so I am not credit blacklisted. However, I really can't afford this particularly as I have never seen any income from this property.

My question is, is there any way I can force him to get this property on the market? I can't do this as I have no keys etc.

The second question is to do with childcare and when ex left he agreed to pay for childcare (before-school childminder). Now he has stopped doing this, with no notice to me or the cm, and has cancelled his last two voucher payments so the cm is considerably out of pocket. Is there any way to force him to honour his agreement? (I suspect not but it is worth an ask).

Thanks in advance.

things is as is jointly owned and you not married you both have to declare 50 per cent of the rent (minus mortgage interest payments) as your income.
have you both been filling in tax returns? have you been declaring your income? has he?

how much is the net income? what has ex done with the money?

the only way to force him is thru court and TOLATA claim. this si what i have been doing - final hearing now - ex agreed at least eharing to sell the rented flat but is now saying things like " oh better to delay til 2012 as it could make a lot of money renitng during the 2012 olympics" etc!
meantime i been getting getting into borrowing/overdrafts debt etc because of joint owning this property.
we have final hearing june.

speak to a solciitor. be prepared to go for TOLATA claim and force sale.

Agree you must go for a TOLATA order for sale. You can ask for an accounting to be made for the profit from the letting out of the property too. cestlavielife is correct in saying that you will still have to pay tax on your share of the profit even if you never receive it.

You can't hold him to the agreement to pay cm fees. All you can do is go to the CSA. One child is 15% of his income, 2 is 20%, 3 or more 25%.

Is that right about the payments? He has had Housing Benefit tenants in and has had the HB paid directly into his account, and made out to him in his name only, so I can demonstrate that none of this has ever come to me.

I am getting really fed up of this bloke. It is one thing after another.

No I'm making it all up.

it doesnt matter - i spoke at length to HMRC about this when filing my tax return . as far as HMRC is concerned - the properoty is buy to let in joint names, the net profit has to bec claimed 50/50 by each of you on your individual tax returns ditto the tax relief everything is split 50 50.

doesnt matter if you actually receive it or not. eg in my case all profit went to pay overdraft so i have reeived nothing in real terms. (and since sept exP ahs had one third or rent paid direct to his accunt - so effectively he "owes" me anything over his nominal profit. ) anyway doesnt matter for HMRC.