Family feud

[Lilmisschief89]

A married couple own a house in both their names, but only the husband pays the mortgage. They put the house up for sale - it is still up for sale - wanting to downsize.
The wife leaves the husband for another man, there is no definitive proof of this except hearsay, but she is definitely with another man now. However, the husband carries on paying the mortgage, and the rest of the household bills, and the wife has moved in with the other man. She has let herself into her married home numerous times, with a key, but pays nothing towards it. Does the wife have to contribute, because it is likely she will expect half of the house when it does sell, and how would the husband go about making her do so? Divorce and separation have not been mentioned, and it's doubtful they will be either.


Many thanks

[jaguarsuk]

Re: Family feud

If her name is on the deeds I may be wrong, but I think that means she's entitled to half regardless of who paid the mortgage or the bills. One thing I know for sure is that I'd be changing all the locks so she couldn't just let herself in and out as she pleases.

[Lilmisschief89]

Re: Family feud

If her name is on the deeds I may be wrong, but I think that means she's entitled to half regardless of who paid the mortgage or the bills. One thing I know for sure is that I'd be changing all the locks so she couldn't just let herself in and out as she pleases.

If her names on the deeds though, are we allowed to change the locks?

[Kati]

Re: Family feud

I don't think that he could (sorry) but I could be wrong.
[MENTION=6]Amethyst[/MENTION] [MENTION=85500]Peridot[/MENTION] ??

[Amethyst]

Re: Family feud

Yip he can't just change the locks as the house is jointly owned and she has a right to access - he would have to go to court to obtain an occupancy order if he wanted to barr her from the property, which would involve demonstrating to the court that there was good reason for her to be excluded - ie risk of harm to himself or children etc.

If they are separated but not intending to divorce they could attend some form of mediation to draw up an agreement with regards to payment of the property ongoing until the sale, and potentially what will happen to the proceeds from the sale. It isn't necessarily 50/50 so it is worth him getting some legal advice - probably a half hour appointment with a decent solicitor will be free or cheap and give him a good idea of his options and what he is likely to be able to argue for as its very dependent on individual circumstances.

[Lucifa42]

Re: Family feud

It's worth considering that she is not entitled to whatever has been paid off the mortgage since she vacated the property.

You can use an amortisation calculator to work out what the mortgage has reduced by month by month.
Something like:

http://www.calculator.net/amortization-calculator.html

[Peridot]

Re: Family feud

How long have they been married and has he always paid the mortgage on his own? From the sounds of it this was the case?
He probably should look into how he holds the property with his ex. Are they Joint tenants which means the property would automatically pass to the survivor if something happened to one of them or tenants in common, which means they can will their respective shares to another person? I do think it would be sensible to get some legal advice on this, to ensure that any possible future claim takes account of the situation now and who is responsible for the bills etc. It may be worth seriously considering entering into a separation agreement?

[Diana M]

Re: Family feud

A married couple own a house in both their names, but only the husband pays the mortgage. They put the house up for sale - it is still up for sale - wanting to downsize.

Is it likely that a buyer for the property will be found soon?

Are they both keen to sell the house or is one of them reluctant?

Di

[Diana M]

Re: Family feud

If her names on the deeds though, are we allowed to change the locks?

When you say "we" do you mean that someone else is living in the property with Husband now that Wife has moved out?

Or are there any children involved?

Di

[Lilmisschief89]

Re: Family feud

They've been married for 40 years and yes he has, bar two months when she paid for it.
At the moment they're joint tenants, but that is only because their wills haven't been updated, they can be tenants in common.
a separation agreement has been touched upon, sadly though feelings have been heavily involved too.

- - - Updated - - -

Very unlikely, it has been on the market for about 4 - 5 years now.
She is indifferent about selling it because she is technically 'sorted' now, I think he is in two places about selling it because of memories, etc. There is no--one else living there, but my husband (his son) contributes to the house too, as it is a big property and difficult to sustain on one income, so I consider him part of the "we"

- - - Updated - - -

[jaguarsuk]

Re: Family feud

If her name is on the deeds I may be wrong, but I think that means she's entitled to half regardless of who paid the mortgage or the bills. One thing I know for sure is that I'd be changing all the locks so she couldn't just let herself in and out as she pleases.

told you I could be wrong!! Seems very wrong.

I'd have just changed the locks and found myself in a right mess!!

[Peridot]

Re: Family feud

Hi again,
This is potentially a bit of a minefield. This is a 40 year marriage that has sadly broken down. If the couple are serious about dealing with the property and you say it has been on the market 4-5 years I would suggest they need to reconsider what their expectations are with regard to how much it is being marketed for?
It does appear that both of them are rather non pluses whether it sells or not. It appears a similar situation with regard to the marriage break up too.

I have no doubt your intentions are right but this really is for the couple to decide how they deal with the break up. Maybe they are content leading separate lives and remaining married? If however they do wish to separate 'legally' then they do need advice on this.

The property is not the only consideration, but the rest of the assets and pension provisions all come into play. It would seem if they are not keen to divorce maybe a separation agreement is a sensible way forward for them but as I say this is their decision I'm afraid.

With regard to the ownership of the property it is not just a case of 'willing' your share to someone other than the co-owner. The tenancy would have to be severed in order to leave the individuals share in the property to someone else in a will. This can be done without consent of the other owner but does need to be completed through the land registry. Have a look on HMLR website - severing the tenancy for further information.
If your husband stopped assisting with maintenance would that push a sale sooner rather than later?

It appears that as things stand this is for the couple to decide.