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Original poster

Buying a property where couple are separating.

19 replies

ArosGartref · 01/05/2021 14:54

We've got an offer on our house so feeling pressured to find somewhere.

We've tried to arrange a second viewing for a house we like and the estate agent has admitted that she's having trouble accessing the house because the owner lives away but his ex-wife (or girlfriend, not clear) is still living in the house. So it sounds like she doesn't want to move out.

If we were to put an offer in, what should we be asking for to ensure she's out of the house promptly? Presumably we'd need it vacant before exchanging at least.

Any advice welcome.

OP posts:
lastqueenofscotland · 01/05/2021 15:18

I’d really be grilling the agent as to if she really wants to sell. I’ve seen cases like this where it results in the other partner taking the one who wants to stay to court and it goes on for ever.

mobear · 01/05/2021 16:04

Does the ex-wife or girlfriend own the house too? If not, she won't be party to the sale contract or the terms relating to "vacant possession" and therefore won't be under a direct obligation to move out (it would be on her ex-husband or ex-boyfriend to make sure she does), so if she refuses to leave I think she'd be classified as a squatter... There's probably someone who knows more about this than I do though.

BlueLobelia · 01/05/2021 16:07

@lastqueenofscotland

I’d really be grilling the agent as to if she really wants to sell. I’ve seen cases like this where it results in the other partner taking the one who wants to stay to court and it goes on for ever.
I was going to say the same.

Someone I know refused to leave the property or agree to the sale so her ex had to take her to court in the end to order a sale. That was before covid and is still ongoing.

Original poster
ArosGartref · 01/05/2021 16:30

Estate agent says that he is sole owner. But if she doesn't want to move out, it seems like there is no way to make her? Does it make a difference if they are not married?

It's so frustrating because this is by far the best house we've seen.

OP posts:
Scarby9 · 01/05/2021 16:41

Friends I know bought a house in this situation.
Husband had left the wife and she was not at all reconciled to the fact that they were splitting or that she had to leave the house.
She refused to move out on completion and it took them 5 days to get her out, during which time she scratched all the (beautiful, high end) kitchen work surfaces, induction hob and sinks so badly they all had to be replaced.
It was really stressful as she was clearly having some kind of breakdown and was really struggling, but they had to move into a hotel and put their furniture in storage and pursue legal redress to get her out as they had sold their house and the new owners had moved in.

echt · 01/05/2021 16:42

My late DH and I went to view house where the separating couple had that hazard tape dividing the whole place in two. Including the stairs. We didn't take it any further.

mobear · 01/05/2021 16:48

@ArosGartref

Estate agent says that he is sole owner. But if she doesn't want to move out, it seems like there is no way to make her? Does it make a difference if they are not married?

It's so frustrating because this is by far the best house we've seen.

As far as I am aware, if she does not own it she doesn't need to sign anything in order for him to sell it - so you're clear from that perspective.

I don't think whether or not they are/ were married will matter from a sale perspective - if they are or were her claim would be on the proceeds of sale.

If she felt she had a legal claim to the property she could try and get an injunction though (I think), and if they have children under the age of 18 I think that would give her further recourse to prevent a sale.

You could try and get a friendly steer from a conveyancer if you already have one in mind for your purchase.

Evidencebased · 01/05/2021 17:14

You can check who the legal owners actually are, by downloading the deeds from the Land Registry site.(£3, if it costs more than £3, you've landed on a scam site)

Your lawyer, in the course of conveyancing, will require a signed commitment from any adult who is not an owner, but who is living in the property, that they consent to the sale, and will leave.

In theory, straightforward. Reality, it's just a piece of paper.
In practice, the reality will depend on the reasonableness and situation of the people involved.

If it were me, I'd want to speak to both parties, and ask what the situation is. Whilst assessing the background emotion, and how reasonable they are. If the only way I could speak to the person living in the house was to knock on the door, and politely ask for a few minutes of their time, I'd do that.
I realise that probably puts me in a minority here.

However you approach this issue, whether directly or through the EA (but do you trust them?), I'd want to feel I'd reached a clear picture of what's going on before going any further.

Original poster
ArosGartref · 01/05/2021 18:19

@echt

My late DH and I went to view house where the separating couple had that hazard tape dividing the whole place in two. Including the stairs. We didn't take it any further.
There's nothing overtly hostile...yet.

I will push the estate agent for as much info as I can.

OP posts:
pilates · 01/05/2021 18:28

Look for another property, it could be a right headache.

sunshinesupermum · 01/05/2021 18:50

If you need to find a new home don't bank on this one being it. I would keep looking if I were in your situation.

DinoHat · 01/05/2021 18:55

@lastqueenofscotland

I’d really be grilling the agent as to if she really wants to sell. I’ve seen cases like this where it results in the other partner taking the one who wants to stay to court and it goes on for ever.
This.
Original poster
ArosGartref · 01/05/2021 19:47

We're definitely still looking as we don't want to lose our buyers.

OP posts:
Changingwiththetimes · 02/05/2021 12:17

When I signed my sales contract there's a bit which asks if anyone over 17 lives there and they have to sign that they are willing to move. They don't have to be part owner, they just have to Be living there.

Original poster
ArosGartref · 13/05/2021 18:48

By way of update, we have kept looking but not found anything else. We raised our concerns with the estate agent who confirmed that the vendor was ready to sell and it was chain free. The 3rd party would move out etc. We put in an offer which was accepted but immediately the EA started to delay and implied that the vendor need to confirm some details with his solicitors before starting conveyancing Hmm

Thinking of advice here, we did a land registry search and the partner has a charge on the property - also known as "home rights" - which seemingly prevents him from selling it. So the estate agent has wasted everyone's time tbh.

OP posts:
WellTidy · 13/05/2021 18:53

We bought our house from a divorcing couple. It wasn’t as dramatic as one of them refusing to move out, but the situation made the process more lengthy. For example, they took longer to agree on our offer (one wanted more money, one was willing to accept the offer), the sale of the property was linked with the sale of some of their other assets and so they wanted all of those sales to occur at the same time so that the monies could be distributed all at the same time, they were moving into separate properties so we had to coordinate the completion with the purchase of two properties (rather than one, which would be the norm in a chain).

nickymanchester · 14/05/2021 08:54

Thinking of advice here, we did a land registry search and the partner has a charge on the property - also known as "home rights" - which seemingly prevents him from selling it. So the estate agent has wasted everyone's time tbh.

OK, if there is a home rights charge on the property then it is down to the seller to get that removed. You can't do anything until he goes to court and gets it sorted.

He could sell the house but it would mean that you would be sharing it with his ex-wife as she would still have the right to live there.

nickymanchester · 14/05/2021 09:01

Sorry, forgot to say, the home rights are removed automatically when they finally get divorced - that is once the decree absolute come through.

So, anyone wanting to buy this place will have to wait until the couple finally get divorced.

Iamthrough · 14/05/2021 09:06

It sounds like this could get messy - on the other had probably thousands of divorcing couples sell there houses every month without any issues at all.
If I were you I'd leave my offer on the table but not spend any further money on conveyancing fees. Then tell the seller and agent that you'll be continuing to look else where until the legal situation is a bit more clear.

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