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Sell my house?
#1
Hi, I am looking for advice.. i got divorced over 8 years ago now . and have re married , ex wife stayed in the house and we paid off the mortgage over 5 years ago , we went to mediation and agreed that when sold she could have 10 grand more than me . i said we would sell the house when our son turned 18 . but now he is 21 and still living there as is our older son and his wife and the ex is charging them rent. i don't really want to see the boys without a home but i have been thinking about the amount of money I'm losing by not selling,
should she be getting all the rent money she is charging them ? And should she be paying me anything as i could have sold 3 years ago .. Please advise. Thank you
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#2
What kind of rent is she charging them? Full rent sort of thing or something like £150 a month for board?

You may have to force a sale by going back to the court that handled the divorce/meditation.
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#3
(01-25-2017, 09:25 PM)dave mac Wrote: Hi, I am looking for advice.. i got divorced over 8 years ago now . and have re married , ex wife stayed in the house and we paid off the mortgage over 5 years ago , we went to mediation and agreed that when sold she could have 10 grand more than me . i said we would sell the house when our son turned 18 . but now he is 21 and still living there as is our older son and his wife and the ex is charging them rent. i don't really want to see the boys without a home but i have been thinking about the amount of money I'm losing by not selling,
should she be getting all the rent money she is charging them ? And should she be paying me anything as i could have sold 3 years ago .. Please advise. Thank you

For you to bring any claim, you would have to evidence the amount she is getting exceeds her costs of the young person living their.

You need to apply to Court, to force the sale, and the court will do this if no child lives their who your ex gets Child Benefit for.

The alternative for her, would be to buy you out, perhaps by getting a mortgage or secured loan, to raise the money.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#4
(01-26-2017, 12:01 AM)Hazy Wrote: What kind of rent is she charging them? Full rent sort of thing or something like £150 a month  for board?

You may have to force a sale by going back to the court that handled the divorce/meditation.

HI, She is charging the older one £350 a month , not sure about the 21 year old. She is saying she wants another 5 years before we sell.
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#5
(01-26-2017, 09:42 AM)dave mac Wrote:
(01-26-2017, 12:01 AM)Hazy Wrote: What kind of rent is she charging them? Full rent sort of thing or something like £150 a month  for board?

You may have to force a sale by going back to the court that handled the divorce/meditation.

HI, She is charging the older one £350 a month , not sure about the 21 year old. She is saying she wants another 5 years before we sell.
You need to first write to her, setting out what was agreed and that you are not prepared to wait 5 years, while she is getting an income from the house.

You want half of the rent (not the amount towards the bills), and in my opinion if they are both paying that, then about £300-400 of the income each month is just rent, what you want half of ongoing while the house put up for sale.

Give her 14 days to get back to you, then apply to court to force the sale, stating she is now getting an income for herself, by not following the Mediation Agreement.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
Let's say the younger kid is paying 200 that totals £550 per month. That's £6000 a year! Yikes

I wonder is she is replacing her lost child tax credit etc with this rent?

Wouldn't that amount be taxable?
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#7
(01-26-2017, 10:58 PM)Hazy Wrote: Let's say the younger kid is paying 200 that totals £550 per month. That's £6000 a year! Yikes

I wonder is she is replacing her lost child tax credit etc with this rent?

Wouldn't that amount be taxable?

I am not sure it would be, as I know you can not get Housing Benefit if Renting from close family.

In a Housing Benefit situation, a none depenent earning about £220 per week, would reduce any claim by about £35, but that is only towards rent, not other household costs.

Without knowing her costs its also hard to call.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
None are on housing benefit as they all work , I worked out if the house was rented out over the next 5 years at the going rate in that area, it would be £1500 a month so over the 5 years I would stand to lose £45.000 , and I'm sure the house won't go up £90.000 in 5 years. But she don't seem to want to budge , I don't want to see my kids with out a home or am I being soft
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#9
That's a difficult one when it comes to your kids but they are grown and might soon be moving out anyway.

Instead of selling why can't she buy you out? With her wages and their rent surely she can afford to do that at least?

Why not send a solicitors letter reminding her of the agreement? You have been patient.
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