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Buying Your Ex Out of the Family Home

By: Jeff Durham - Updated: 16 Jul 2018 | comments*Discuss
 
Buying Out Ex-partner Buying Partner Out

When it comes to getting divorced one of the main issues you’ll have to face is where you intend to live. Your options are going to be determined by many things like finance, both partners’ wishes and if there are any children to consider.

If you have a joint mortgage, this may mean applying for another mortgage in your own right which may be possible if you’ve built up sufficient equity in your joint arrangement and earn enough to pay off a new mortgage in your own name after you’ve factored in any equity that you’re entitled to. However, this isn’t always possible. Often, you’ll find that it’s the partner with the greater income who is the one who wishes to be bought out and the partner earning less might simply not be able to afford to stay in the home as they might not be able to meet the repayment of a new sole mortgage agreement on the existing property.

Why Your Equity Might be More Than You Think

When couples split up, it’s often assumed that if they are both contributing the same sum to their monthly mortgage repayments that any sale of the house is split 50-50 if they decide to go their separate ways, but that’s not necessarily the case. If an amicable agreement cannot be made, a good solicitor can often look to raise the equitable value of one partner’s share. For example, it might be that one partner has spent a considerable amount of extra money and time in making home improvements, even though the joint mortgage is split 50-50. Therefore, this additional expenditure could be taken into account in terms of the division in equity if an amicable settlement can’t be reached.

Children

The situation of the fair division of a home’s value can be made more complex if children are involved. If, for example, it’s the wife who is looking to buy out her ex-husband but doesn’t think she’ll be able to afford a mortgage in her own name, she may find that it is possible if the husband agrees that the children should stay in the family home as this can then be used to offset a percentage of child maintenance payments that would be due meaning the husband then gets less of a share of the home’s market value whilst also making it affordable for the wife and children to stay there.

Going to Court if an Agreement Cannot be Reached

If no settlement can be reached on the division of the house, a court may decide that ownership should be transferred from one person to another. However, it cannot transfer liability for the mortgage from one person to another without the lender’s consent. The problem here is that the lender may not be willing to transfer the mortgage if there are any existing arrears or if they believe that the new sole owner will be unable to keep up the repayments on their own so if they refuse to transfer the existing mortgage arrangements, the original owner or joint owners will still have to keep up repayments. Therefore, where a situation is not cut and dried or there are disagreements as to what each partner thinks they are financially entitled to in terms of transferring the home to the other partner, then you need to seek legal advice.

Once an Agreement Has Been Reached

Once a settlement has been reached, however, it’s important to check the deeds to your house. In many cases, they contain a ‘survivorship’ clause which entitles the other partner to a share of the house should one partner die, so you need to make sure that once the property is in a sole partner’s name that you have the other partner removed from the deeds or else they could still make a claim on your estate in the future, even if you have split up. Once again, sound legal advice is very important in this regard.

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I rented my council house for 10 yearsand then met my partner( Now Husband) He never wanted to be part of the rent,and didnt want his name on any of the household bills or rent book.A few years later we decided to marry,and then the following year I applied for right-to-buy. To do this I HADto include him on the rent book,but only for 1-2 months until the mortgage went through. I got a massive 55%discount and we went halves in the solicitors fees etc,and now I live in a £120,000 house which cost£45,000(It was valued at £1000,000at the time of buying it)We are now 4 years in,and next year we can sell or move without having to repay any discount back to the council.But things between us are really bad and I want a divorce.For someone who didnt even want his name of the rent-book, he has reminded me that he owns HALF of the house!when in fact it was MY 55%(£55,000)that was put down as deposit,and for the princely sum of £500which was half the solicitors bill,he now owns half of what is now £120,000. Yes he gives me housekeeping,but the mortgage and insurances ALL go out of my bank account,of course the mortgage is in joint names.I would like to know,seeing as I can prove I was SOLE tenant for the qualifying years (25yrs) which gained me 55% discount,would he really be entitled to HALFof the property value?It feels like I effectually put down the £55,000and now he wants half of everything including the discount I accrued.....10 years of it I was not even WITH him while I rented the house.I would like to buy him out of the house,but it may come at a cost I cant afford.He CANNOTafford to buy me out so we would be at a standstill.
Raggedyanne - 16-Jul-18 @ 4:33 PM
I rented my council house for 10 yearsand then met my partner( Now Husband) He never wanted to be part of the rent,and didnt want his name on any of the household bills or rent book.A few years later we decided to marry,and then the following year I applied for right-to-buy. To do this I HADto include him on the rent book,but only for 1-2 months until the mortgage went through. I got a massive 55%discount and we went halves in the solicitors fees etc,and now I live in a £120,000 house which cost£45,000(It was valued at £1000,000at the time of buying it)We are now 4 years in,and next year we can sell or move without having to repay any discount back to the council.But things between us are really bad and I want a divorce.For someone who didnt even want his name of the rent-book, he has reminded me that he owns HALF of the house!when in fact it was MY 55%(£55,000)that was put down as deposit,and for the princely sum of £500which was half the solicitors bill,he now owns half of what is now £120,000. Yes he gives me housekeeping,but the mortgage and insurances ALL go out of my bank account,of course the mortgage is in joint names.I would like to know,seeing as I can prove I was SOLE tenant for the qualifying years (25yrs) which gained me 55% discount,would he really be entitled to HALFof the property value?It feels like I effectually put down the £55,000and now he wants half of everything including the discount I accrued.....10 years of it I was not even WITH him while I rented the house.I would like to buy him out of the house,but it may come at a cost I cant afford.He CANNOTafford to buy me out so we would be at a standstill.
Raggedyanne - 16-Jul-18 @ 4:05 PM
I rented my council house for 10 yearsand then met my partner( Now Husband) He never wanted to be part of the rent,and didnt want his name on any of the household bills or rent book.A few years later we decided to marry,and then the following year I applied for right-to-buy. To do this I HADto include him on the rent book,but only for 1-2 months until the mortgage went through. I got a massive 55%discount and we went halves in the solicitors fees etc,and now I live in a £120,000 house which cost£45,000(It was valued at £1000,000at the time of buying it)We are now 4 years in,and next year we can sell or move without having to repay any discount back to the council.But things between us are really bad and I want a divorce.For someone who didnt even want his name of the rent-book, he has reminded me that he owns HALF of the house!when in fact it was MY 55%(£55,000)that was put down as deposit,and for the princely sum of £500which was half the solicitors bill,he now owns half of what is now £120,000. Yes he gives me housekeeping,but the mortgage and insurances ALL go out of my bank account,of course the mortgage is in joint names.I would like to know,seeing as I can prove I was SOLE tenant for the qualifying years (25yrs) which gained me 55% discount,would he really be entitled to HALFof the property value?It feels like I effectually put down the £55,000and now he wants half of everything including the discount I accrued.....10 years of it I was not even WITH him while I rented the house.I would like to buy him out of the house,but it may come at a cost I cant afford.He CANNOTafford to buy me out so we would be at a standstill.
Raggedyanne - 16-Jul-18 @ 3:55 PM
Nik - Your Question:
Hi, My partner and I have recently (1 month ago) bought a property. Both our names are on the mortgage. My partner's income is very low, the mortgage application therefore was made on the basis of my income only. My partner only works part-time due to a health condition, and we have a 5 year old son. Our relationship is going through a rough patch at the moment and we might split up. My partner has made it clear that if we split up she wants to stay at the property with our son. I know that based on her income as it is now, even if she increases it in the future, she will not be able to get the mortgage on her name only. Can she force me out of the property? If she goes to court, is there a chance that I will be forced to leave the property and continue to contribute financially in excess of the child maintenance amount so she can afford the mortgage? In the unlikely event that she finds a guarantor for the mortgage, could a court order force me to sell my mortgage share to her?

Our Response:
If you are the only person on the mortgage, then you have an agreement with the mortgage lender to pay the mortgage. If you and your partner split up, then as you have a child together and if your partner is the primary carer. A court could issue you with a notice to allow your partner and your child to live in the property until your child leaves full-time education. Much depends upon your mutual finances and what you can and cannot afford. Mediation is usually a good way to resolve such issues. In essence, a court will always put the best interests of your child first and ensure your child has a roof over his head. I suggest you seek legal advice in this instance in order to fully explore yours and your partner's rights. Many people these days agree to live together for financial reasons. Your partner cannot force you out of the house you own unless domestic violence is involved.
DivorceResource - 16-Jul-18 @ 11:00 AM
Blossom - Your Question:
Hi, I have been married for 3 years and cohibited for 20 years. We shared a council property for 5 years. We had been separated for 1 and half years I am now in a position to buy the property with the councils discount. If I buy now (before prices go up and I can’t afford on my own) before divorcing how much would he be able to cliam? It states that if I sell the property within in five years I have to pay back the discount so realistically if I sold I would have hardly any equity. We have 2 kids but I wouldn’t want him to have any stake in the property so would want to know what he would be due rather than being able to stay until they’re 18.

Our Response:
If you are the primary carer of your mutual children, it is highly unlikley your ex would be able to make a claim especially if you have been separated for 18 months. The main point is to ensure you are using money to buy the property which doesn't come out of the joint marital estate. Your ex can only have a claim if you use money that could be considered jointly owned.
DivorceResource - 16-Jul-18 @ 9:58 AM
Hi, My partner and I have recently (1 month ago) bought a property. Both our names are on the mortgage. My partner's income is very low, the mortgage application therefore was made on the basis of my income only. My partner only works part-time due to a health condition, and we have a 5 year old son. Our relationship is going through a rough patch at the moment and we might split up. My partner has made it clear that if we split up she wants to stay at the property with our son. I know that based on her income as it is now, even if she increases it in the future, she will not be able to get the mortgage on her name only. Can she force me out of the property? If she goes to court, is there a chance that I will be forced to leave the property and continue to contribute financially in excess of the child maintenance amount so she can afford the mortgage? In the unlikely event that she finds a guarantor for the mortgage, could a court order force me to sell my mortgage share to her?
Nik - 15-Jul-18 @ 2:43 PM
Hi, I have been married for 3 years and cohibited for 20 years.We shared a council property for 5 years. We had been separated for 1 and half years I am now in a position to buy the property with the councils discount.If I buy now (before prices go up and I can’t afford on my own) before divorcing how much would he be able to cliam?It states that if I sell the property within in five years I have to pay back the discount so realistically if I sold I would have hardly any equity.We have 2 kids but I wouldn’t want him to have any stake in the property so would want to know what he would be due rather than being able to stay until they’re 18.
Blossom - 15-Jul-18 @ 11:24 AM
Hello, I have just had a court order to seek the marital home. The sale should release my ex husband’s share. The judge advised that I could by the property back. How does that work?
Hope - 3-Jul-18 @ 11:31 PM
tracey - Your Question:
I have been cohabiting with my husband for 11 years and we have been Married for 3. He put down a large deposit on the house because of inheritance. And now we are divorcing is saying that is going to buy me out and even though legally 50% is mine that it is fair that he has the house. Which maybe is true but I didn’t ask for this. he is wanting to move his new partner in and I have no where else’s to go. We have similar income and no kids. But he has a much better pension that me. What to do? Will I really have to walk away with so little?

Our Response:
If you are receiving 50% of the house, then this may be seen as a good deal given the marriage has been short and your husband put the finances in prior to marriage. Usually, if a marriage is under five years and with no children, the house could revert back to the person who originally put the money into it regardless of whether you co-habited. In this instance, it may be worth seeking legal advice in order to explore your options. With regards to fairness, a court will not judge a person for breaking off a relationship. A court would look at the issue pragmatically regarding who can afford to buy who out. If you can afford to buy your 50% share of the house, then why not ask your husband if you can buy him out instead. If he doesn't agree, then mediation may be an option to consider.
DivorceResource - 2-Jul-18 @ 11:31 AM
I have been cohabiting with my husband for 11 years and we have been Married for 3. He put down a large deposit on the house because of inheritance. And now we are divorcing is saying that is going to buy me out and even though legally 50% is mine that it is fair that he has the house. Which maybe is true but I didn’t ask for this. he is wanting to move his new partner in and I have no where else’s to go. We have similar income and no kids. But he has a much better pension that me. What to do? Will I really have to walk away with so little?
tracey - 1-Jul-18 @ 4:31 PM
Advice on previous post please
Yoyo - 29-Jun-18 @ 3:47 PM
@Yoyo - so if the house was worth £350K minus a mortage of £125 = £225K which is your equity. Divide that by 2 = £112K, which is effectively more than half of the equity he has given you and taken on the mortgage, this seems pretty fair. What more would you want from it? If you take it to court you'd pay more in costs. That's just my opinion. A court won't punish him for having an affair and he may be buying abroad with his new wife putting money in. It's a hard pill to swallow I know :(
GregV - 29-Jun-18 @ 3:44 PM
guest1 - Your Question:
HiI have been married almost 3 years and together as a couple for approx. 7 years. I am considering separating and plan to buy my wife out of the house. The house is under my name but she has been contributing monthly towards the mortgage. The contribution in terms of overalls bill hasn't been evenly split (I'm paying more) but the mortgage itself has.I was planning to get the house valued and then simply split the profit we would likely make in two and take on a bigger mortgage (which provisionally I know I can).My question given the length of the marriage would it really be split 50/50 or could I be offering less? As I did really well in a previous house sale and invested that in the mortgage we would most likely make a decent profit.

Our Response:
If you do not have any children, then as a rule if the marriage has been short then the majority would go to you. However, any marriage split is based on needs should the matter go to court. So, much depends upon the rest of your financial situation and hers. Therefore, you may wish to seek legal advice in order to explore your options.
DivorceResource - 29-Jun-18 @ 3:31 PM
Hi I have splitup with my partner of 31 year we never marriedhad a mortgage left off £125,000 the house is worth £350,0000 he gave me £122,000 because he said he would struggle to pay any more with that extra £122,000 on the remortgage since the split a year ago I’ve found out he was having an affair for 2 years and has now married her and is buying a property abroadas well as keeping the house here would I be able to claim of him For the further money asit was not 50/50 I only accepted that much because he said he could not manage butclearly can, it was a joint mortgage
Yoyo - 29-Jun-18 @ 3:25 PM
@Survivor - why didn't you just sell the house and give him his equity? Sorry, but no wonder he wants to take it to court if you decided to rent the property out without making sure it was OK with him first and getting permission. But I can't see the point of him taking it to court as what does he expect to gain - especially if you have offered him his equity now? Maybe he thinks you won't pay or are leading him a dance, or he knows that the house will be devalued once it's rented out and the tenants trash it. Tough one. But if he's insistent on taking it to court there's not much you can do The thing is many people in this situation are at the mercy of the ex. People actually try to prevent the sale happening or put off potential buyers or think the ex is doing all they can to not pay them the money. So, it's understandable if your ex feels insecure and wonders if he'll ever get his money.
JOjO - 29-Jun-18 @ 1:58 PM
Hi I have been married almost 3 years and together as a couple for approx. 7 years.I am considering separating and plan to buy my wife out of the house.The house is under my name but she has been contributing monthly towards the mortgage.The contribution in terms of overalls bill hasn't been evenly split (I'm paying more) but the mortgage itself has. I was planning to get the house valued and then simply split the profit we would likely make in two and take on a bigger mortgage (which provisionally I know I can). My question given the length of the marriage would it really be split 50/50 or could I be offering less?As I did really well in a previous house sale and invested that in the mortgage we would most likely make a decent profit.
guest1 - 29-Jun-18 @ 1:19 PM
Hi, I divorced my husband in 2017 after I asked him to move out in 2012.I took on the mortgage myself & managed to get the mortgage transfers into my sole name.He has asked me for his equity & so initially I was going to sell but then decided to rent the house as moving in with my new partner to safety net myself & my children.I told him 3 months before I was due to move out that I was planning to rent instead of sell but that he would still get his equity.Solicitor sent letter with agreed amount as per divorce settlement & he sat on it for 3 months until my tenants moved in & then went to his solicitor to say he has found out that I am renting the property out...which he had known for 3 months & never said he was unhappy as long as he got his equity.He is now not accepting taking the money & pursue a long legal & expensive battle about me renting the house.This could all have been sorted before my tenants even moved in....I don’t know what he is playing at & don’t know what to do...he is demanding to see my tenancy agreement, to which I have said no as the house is legally & solely mine & he just has a vested interest as I hadn’t paid him his equity previously which I can now do & agreed to settle.He has sat on this withalicious intent & has continued to try & destroy me ever being able to move on or be happy.What can I do...can I enforce his equity release...it seems really unfair what he is doing when I am being completely reasonable & fair...I even gave him the full market value of the property when my solicitor worked out his equity share? Help!
Survivor - 27-Jun-18 @ 6:25 PM
Dee - Your Question:
My ex and I split up in 2014 he moved out and stopped paying towards the mortgage quite a while ago it’s a joint mortgage. I remained in the property and have kept up the mortgage payments. I’ve tried to get a remortgage in my name but I’ve been getting declined even though have a good salary etc. Problem is there is no equity in flat and in fact it’s likely to be in negative equity. I can’t afford to buy him out either. I’ve since gone through a bad breakup with a new partner and not been well ran up debts personal debts and now I’m in a Scottish trust deed. This definitely means I can’t get a remortgage. Problem is my ex who I still have a mortgage with jointly wants to get his name off the mortgage. NRAM won’t allow this as they would rather have two people on mortgage than just me even though I’m making the payments and never missed one in the ten years since having the mortgage. They also don’t know about the deed. I feel completely trapped and don’t know if there is anything I can do at all. NRAM have said I can only swap someone else onto the mortgage but I don’t want to do that as that’s just leaving me in same boat. Besides the person has to live her with me and has to have good credit and of a certain age too. Please offer any guidance at all that I can do to make some sort of movement on this. Feel like I’m going out my mind

Our Response:
I am sorry to hear this. If your ex wishes to be off the mortgage and you both cannot come to an agreement, then he would have to option to take the matter to court. Obviously selling the home would be an option, which would allow you both to start again. However, if the house is in negative equity, then you would still owe the balance. You don't say whether there are any children involved. If there are then a court may give you the option to remain in the house until your youngest child leaves full-time education. Your ex has the right to choose to move on with his own life and be freed from the mortgage and unless you have a parent or relative/friend that would help buy him out then unfortunately there is little you can do. National Debtline may be able to help, please see link here If you need further information. if the matter goes to court, this will significantly cost. So, it really is for the best if you can agree between you and your ex what should happen.
DivorceResource - 21-Jun-18 @ 2:18 PM
My ex and I split up in 2014 he moved out and stopped paying towards the mortgage quite a while ago it’s a joint mortgage. I remained in the property and have kept up the mortgage payments. I’ve tried to get a remortgage in my name but I’ve been getting declined even though have a good salary etc. Problem is there is no equity in flat and in fact it’s likely to be in negative equity. I can’t afford to buy him out either. I’ve since gone through a bad breakup with a new partner and not been well ran up debts personal debts and now I’m in a Scottish trust deed. This definitely means I can’t get a remortgage. Problem is my ex who I still have a mortgage with jointly wants to get his name off the mortgage. NRAM won’t allow this as they would rather have two people on mortgage than just me even though I’m making the payments and never missed one in the ten years since having the mortgage. They also don’t know about the deed. I feel completely trapped and don’t know if there is anything I can do at all. NRAM have said I can only swap someone else onto the mortgage but I don’t want to do that as that’s just leaving me in same boat. Besides the person has to live her with me and has to have good credit and of a certain age too. Please offer any guidance at all that I can do to make some sort of movement on this. Feel like I’m going out my mind
Dee - 19-Jun-18 @ 9:22 PM
Spadge - Your Question:
I own a bungalow from my previous marriage I only own 65% my former owns 35% he never wants the money.l moved in December 1998.I remarried June 2004 my new husband sold his house because he had a large mortgage and moved in with me. We have obviously never had to pay a mortgage. He’s is cruel to me and controls all the money and is verbally abusive, I cannot go on like this. His name is not on the deeds there are in my name and the other mans name. I am happy to give him half of the 65% I own and split the rest of the savings. I still work 12 hour shifts he took early retirement 7 years ago and does not work he has a private pension and received his state pension last year. I don’t have a private pension. He says he wants to buy me out because he no’s I love my home, can he do this if I’m willing to buy him out and be amical

Our Response:
If you owned part of the house prior to marriage, then you may not have to agree to giving your current husband 50% of your 65% ownership. You also have a claim on your husband's private pension and savings. Plus, if your husband has the money to buy you out, then the money he is using for this is theoretically half yours too. So, please be very careful here before you agree to anything. It is very much worth seeking/paying for some professional financial/ legal advice in order to explore your options.
DivorceResource - 15-Jun-18 @ 1:59 PM
mumfirst - Your Question:
Hi, I am looking for advice please. My ex partner of 17 years walked out after numerous affairs in 2005, leaving me with our three young children and home that needed a lot of work. My youngest is nearly 18 and my ex has told him he wants 50% of the house value. This seems so unfair as I tried at the beginning to buy him out of the house but he just said it was for his future investment and it was costing me thousands in advice from solicitors. Since 2005 he has not paid towards the house and only £5 pw for three children, he is self employed drives a top of the range van, foreign holidays and has built a massive extension on his current home he shares with his fiancee-Child maintenance could not do anything about the amount without me proving that he works for cash to avoid his responsibilities. My eldest is only 22 and a trainee electrical engineer so cannot afford their own places. With the help of my family I renovated the house and made it a safe place for the children - btw we purchased the home together, with my savings as a deposit but never marries

Our Response:
If you can prove your ex has never paid anything since 2005 towards the mortgage and that you have invested in maintaining and refurbishing the house since then then it is unlikely a court would offer your ex 50%. In reality, he may only be offered the amount that he has previously contributed to the home, especially if you brought the children up in the home. You may wish to seek some professional legal advice so that you can fully explore your options.
DivorceResource - 15-Jun-18 @ 10:46 AM
Hi, I am looking for advice please.My ex partner of 17 years walked out after numerous affairs in 2005, leaving me with our three young children and home that needed a lot of work.My youngest is nearly 18 and my ex has told him he wants 50% of the house value.This seems so unfair as i tried at the beginning to buy him out of the house but he just said it was for his future investment and it was costing me thousands in advice from solicitors.Since 2005 he has not paid towards the house and only £5 pw for three children, he is self employed drives a top of the range van, foreign holidays and has built a massive extension on his current home he shares with his fiancee-Child maintenance could not do anything about the amount without me proving that he works for cash to avoid his responsibilities. My eldest is only 22 and a trainee electrical engineer so cannot afford their own places. With the help of my family i renovated the house and made it a safe place for the children - btw we purchased the home together, with my savings as a deposit but never marries
mumfirst - 15-Jun-18 @ 9:38 AM
Hi, I am looking for advice please.My ex partner of 17 years walked out after numerous affairs in 2005, leaving me with our three young children and home that needed a lot of work.My youngest is nearly 18 and my ex has told him he wants 50% of the house value.This seems so unfair as i tried at the beginning to buy him out of the house but he just said it was for his future investment and it was costing me thousands in advice from solicitors.Since 2005 he has not paid towards the house and only £5 pw for three children, he is self employed drives a top of the range van, foreign holidays and has built a massive extension on his current home he shares with his fiancee-Child maintenance could not do anything about the amount without me proving that he works for cash to avoid his responsibilities. My eldest is only 22 and a trainee electrical engineer so cannot afford their own places. With the help of my family i renovated the house and made it a safe place for the children - btw we purchased the home together, with my savings as a deposit but never marries
mumfirst - 14-Jun-18 @ 12:41 PM
I own a bungalow from my previous marriage I only own 65% my former owns 35% he never wants the money .l moved in December 1998 .I remarried June 2004 my new husband sold his house because he had a large mortgage and moved in with me. We have obviously never had to pay a mortgage. He’s is cruel to me and controls all the money and is verbally abusive, I cannot go on like this . His name is not on the deeds there are in my name and the other mans name. I am happy to give him half of the 65% I own and split the rest of the savings. I still work 12 hour shifts he took early retirement 7 years ago and does not work he has a private pension and received his state pension last year. I don’t have a private pension. He says he wants to buy me out because he no’s I love my home, can he do this if I’m willing to buy him out and be amical
Spadge - 11-Jun-18 @ 9:58 PM
Kate - Your Question:
I divorced in 2015 and there was a financial order to put the house on the market and release the equity. We agreed the spilt (in mine and 2x kids favor).Last year my ex took the house off the market, put tenants in and obtained an MHO without my signature.I've been renting houses and moving every 6/12 months with the kids. Now I am too unwell to work and have insisted he pays me out which he originally agreed. Now I realise he has no intention.Can I force an auction of the house? Can I get some form of Order to be able to move back in to the house?I can't get a mortgage as my income is too low. I'm tired of moving and tired of him taking advantage - do I have any options? Thanks.

Our Response:
In the first instance, a solicitor's letter warning of the repercussions if your ex does not keep to the terms of the order and signifying a time limit may help. If not, you would have to refer the matter to court if your ex is in breach of the financial order. You may also be able to apply to move back into the house with your children (dependent upon the circumstances), so it is worth seeking professional legal advice here. If the matter does go to court, you can request the court sets a time limit on your ex being out of the house. The court will usually decide in favour of what is in the best interests of your children, so it is worth pursuing this.
DivorceResource - 5-Jun-18 @ 9:21 AM
I divorced in 2015 and there was a financial order to put the house on the market and release the equity. We agreed the spilt (in mine and 2x kids favor). Last year my ex took the house off the market, put tenants in and obtained an MHO without my signature. I've been renting houses and moving every 6/12 months with the kids. Now I am too unwell to work and have insisted he pays me out which he originally agreed. Now I realise he has no intention. Can I force an auction of the house? Can I get some form of Order to be able to move back in to the house? I can't get a mortgage as my income is too low. I'm tired of moving and tired of him taking advantage - do I have any options? Thanks.
Kate - 4-Jun-18 @ 11:57 AM
Ange - Your Question:
I have been separated over 10yearssn only getting divorced now my ex looking me to sell house I really want tobuy him out or even my new partner to help me buy ex out of house but would my ex need to know areshouldijust put house up for sale and then I buy house back need help to sort this out my ex can't buy me out as he work on the double

Our Response:
You cannot buy your ex out of your previous house without him knowing. When the house goes through conveyancing, then he is going to realise. Therefore, why not try to negotiate with your ex directly? That way he would save on estate agent's fees and you could both come to a private negotiation.
DivorceResource - 1-Jun-18 @ 1:59 PM
My husband and I are divorcing. We have paid off our mortgage. Can we release equity to pay him money that he might be owed? It would only be about £20 ,000 taking all factors into consideration. The house is valued about £100,000. I am 50, he is 49. We live in Scotland. Is this a viable and possible option? I do not want to move or sell. He likely would go home to England. Does this means that when I die our children would get the house minus the £20k plus interest? I would have to pay this equity release bback to prevent escalation of interest?
Kerryoss - 28-May-18 @ 8:04 PM
I have been separatedover 10yearssn only gettingdivorced now my ex looking me to sell houseI really want tobuy him out or even my new partner to help me buy ex out of house but would my ex need to know areshouldijust put house up for sale and then I buy house back need help to sort this out my ex can't buy me out as he work on the double
Ange - 28-May-18 @ 2:42 PM
Confused.com14 - Your Question:
My husband moved out of the family home over a year ago. I have been paying the mortgage and living in the family home with our 2 children since he left. I need to file for a divorce however I want to avoid court and the only way that is going to happen is if I say split equity 50/50. He did put up most of the deposit and paid for the everything solely for the last 10 years so I don't want to take everything. I doubt the mortgage lender with transfer to me because I work part time however I can afford to pay and have shown I have paid solely for the last year. My main concern is he doesn't pay child maintenance as not working due to mental illness so if I sell the house I would have to rent which would be more than the mortgage. What do I do?

Our Response:
Mediation is really the only option to try to agree on a split, as the other option is court. You can also see more via the CAB link here . If it goes to court and you can show the court that you can afford to pay the mortgage, then the court 'may' sign the house over to you until the children have left full-time education. You may wish to seek legal advice in order to explore your options.
DivorceResource - 22-May-18 @ 11:08 AM
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