Can I force my ex to take the equity that I am offering?

[Topteach]

I am divorced and have a mesher order. This states that I do not have to pay my ex the 30%equity that he has been awarded until our daughter is 21.(she is 14 at the moment). He has paid no money toward the mortgage since 2006. I am now in a position to re mortgage. The mortgage company provided a valuation (which the ex does not agree with) the ex had had his 'friend' who happens to be an estate agent value the property £30k higher than the lenders valuation! I have used the average of these two figures to come to his 30% equity figure. The ex does not agree with this figure and wants more. The ex thinks he can force the sale which is what he really wants but he cannot do this. He does not see or pay for our daughter either. I want him out of my life.
Q: can I force him to take the money?

I believe it is a standard mesher order. I have to pay if I cohabit for 6 months or more. If I re marry, if I die.

No is the answer! You have to agree a figure between you.

Does that mean if he will not agree the fair figure that I am offering I don't have to pay until he agrees? If I cannot force him to take the money then surely that means that he cannot force me to up my offer!

He can reject the offer you are making but he cannot insist you make a higher offer. You don't have to buy him out until your daughter is 21. He can't force you to pay earlier.

Pressed Post too early!

He can, of course, say that you will need to offer more if you want to buy him out now. But that doesn't mean you have to offer more.

I agree with BB. The order may well contain provision to enable you to buy him out, but it should be clear on the order whether or not this is the case. If he has a charge on the property for his % of the equity the charge deed is the document you need to be looking at.

Thank you very much for your comments. The order does not say anything about buying him out earlier. If I wait another 7years is there a chance that I will be able to use 2006 redemption figures as this was the last time he paid any money towards the house? That will mean that I have paid 13 years of mortgage on my own and 7years of mortgage paid jointly.

As far as I am aware it is equity at the point the mesher ends regardless of who pays the mortgage UNLESS it is stated in your consent order that your ex has to pay. Remember he has to pay rent where he lives now.

Take the order to your solicitor and see what they say. You can't advise on the effect of an order without seeing it.

hi i am having the same kind of problem exept he is still in my house,what is a mesher

It's an order on divorce preserving for the departing spouse an interest in the marital home, which interest is realisable on the children growing up

Might be worth putting the words on here just so we can double check there is no right for the ex wife to force an earlier buy out. It might say she can on selling the property, but a remortgage is not selling it. She might be able to sell it to a relative for example and that might trigger her ability to pay his share. As everyone has said above it will all come down to what the order says.

im not married but my ex is the house i own and did so before i met him me and my 5 kids got rehoused because of his behaviour he is on the mortgage as a borrower but not on the deeds i have sold the house but he has put a restriction on it without my knowlege he took my letters from land registry so i didnt have time to object

If he is on the mortgage he is right to protect any possible interest stolenhouse.

A bird in the hand is worth two in the bush as they say & it may well be that if he gets a reasonable offer now then he will accept it, after all if you get ill & can't pay the mortgage then his credity rating plummets as does any future equity.

thanks redhelen the mortgage is less than 90 a month and i still have 3 dependent children so paying wouldnt be a problem i cant work out why its my house he emotionally abused me and my kids and hes sitting in a 5 bed house which hes trashed and im in a 3 bed council house my older children have come home aged 21 and 20 my rent is alot more i just cant understand it all the house has less equity in it now than when he moved in

You can move back in you know! And he can be ordered to move out.

how do i do this the police said they cant order him out as its his home one lot of police said they will come with me to get him out and when i phoned they said they wouldnt so i dont know what to do i dont want to risk giving my council up and ending up homeless or paying him alot of which i dont have but the way tgings are going il end up with nothing because of legal fees and he is not maintaing the house at all

You would have to do it through the courts but since you are housed I think it will be more difficult to get the courts to agree as he is the father of your child & needs to be housed & he is paying the mortgage.

is he legally aloud to change the locks do you know

Stolenhouse you need to apply for an occupation order to get him out of your house. But try and keep your posts on the thread you started.

St, cannot you simply get him taken off the mortgage? Why is he on it if you owned this 5 bed house in your own name before he moved in? I thought normally people were either both on the deeds and on the mortgage or not on either. I thought mortgage lenders insist a co-borrower must be on the title deeds?

yes, you are allowed back in. Also why should we the tax payer be paying for your council housing when you own a 5 bed house? It's awful if the law is allowing this man in effect to steal money from tax payers by forcing the state to house you when you have a house.

hi xena the tax payer is not paying for my house i am a working person and always have been thats why i need advice because of legal fees the law is an ass as they say, he moved in with nothing and i feel he has taken everything away from me , why would you asume the tax payer is paying for my house i am a tax payer myself ,this is the confusion im having we remortgaged to build an extention he went on the mortgage but according to his solicitor hes not on it the bank said he is a borrower not on the motgage ? idont understand it myself the reason he isnt on deeds i wanted to safeguard mine and my childrens home lol

I though you had moved out of your house and were in social or council housing. That is what is presumably being subsidised by tax payers. If you are staying with relatives then obviously I am wrong.

I am surprised. Lenders will not usually allow someone on the mortgage who is not on the deeds and the lawyer woudl be in a lot of trouble for not adding the person to the deeds.

Perhaps it was a loan secured on your house but they wanted his salary as security as well so he guaranteed the debt over your house which the lender may have insisted on. That is probably it. So now he needs to be taken off that mortgage. One route might be if you coudl prove to your lender that you earn enough to support the debt alone or if you can find a family member to take his place on the mortgage and get him released from his obligation to pay that debt over your house. I am surprised he was prepared to help you by taking it on actually without owning the property or being married to you.