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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have found a tenant to rent the ex marital home but my ex

Resolved Question:

I have found a tenant to rent the ex marital home but my ex husband refuses to sign the lease to allow me to rent the house out is there anything I can do, he left me 5 years ago and I have been paying the mortgage ever since as he has had nothing at all to do with the property although it is in joint names, the house is up for sale and he refuses to pay half the mortgage so I need the rent form the tenant to cover the mortgage please help
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute and what financial settlement has been agreed?
What is holding up the sale?
Clare
Customer: replied 1 year ago.
we are not yet divorced he left over 5 year ago and has had nothing to do with the property, I have been paying the mortgage ever since, the house is about to go on the market, if it sells straight away then no problem, but I have someone who will rent it on a month by month basis and will move out if it sells the rent will cover the mortgage payments until it sells, I have been told I need his signature from my ex to approve the lease to the tenant allowing me to rent it out but he is refusing just like he has about everything else, no financial settlement has yet been agreed, because when walked away he left me in debt with credit cards and a loan which I have kept up payments on can you tell me the best course of action
Expert:  Clare replied 1 year ago.
What income do you each have and how long has the property been empty?
Customer: replied 1 year ago.
The property has only just become empty and looking to rent it out from the 1st December 2015 and it will be going up for sale at the same time, my husband left me 5 years ago so no idea what he earns as I he has only just raised his head after all this time, but my question was that he will not sign the lease to allow me to rent the property out to a third party so can I do it on my own without his consent and if I do what are the implications.
Expert:  Clare replied 1 year ago.
How likely is your ex to deliberately do something to upset the tenancy - such as returning to the property?
Customer: replied 1 year ago.
Very unlikely
Expert:  Clare replied 1 year ago.
Hi
legally you need his agreement to the Tenancy as otherwise you are unable to give the tenant "exclusive occupation" since your ex would be able to return to the property whenever he wishes - and you would then be liable to tenants for breach of the basic terms.
Only you can tell whether this is a real risk!
However you could also consider an immediate petition for a divorce and an urgent applictaion for spousal maintenance in the form of half the mortgage
I hope that this is of assistance - please ask if you need further details
Clare
Expert:  Clare replied 1 year ago.
Hi
I am sorry that you feel that my service was bad meaning that I get no credit for my time and which i snot necessary for and does not trigger a refund.
I am not sure what further information you need as I have tried to explain the legal position to you fully.
It would be helpful if you could let me know what further information you need
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Clare, firstly I wasn't rating for the thought of any refund??? I have never implied that? I just felt that the information I was given wasn't worth the money paid and this was not to be taken personally.I will re-rate.Kind Regards
Natalie

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