What the lender has told you is correct provided it is simply a guest and not a tenant and she was not subletting. Even if it was a lodger paying rent, the lender will not usually be interested provided the mortgage is kept in good order.
The legal situation is very straightforward.
Practically, it is a nightmare.
Legally, you are a part owner of the house and there is no court order preventing you going to the house you are free to come and go as you wish and move in with your new partner if you are so minded. You can have whatever guests you like in the house.
By the same token so can your co-owner.
However when your co-owner goes out to the shop, you are entitled to ask the guests to leave and lock them out if necessary.
The same applies if you go out to the shop with your guest in the property.
However when I was you return you are entitled to ask your guests back into the property.
As I said, legally straightforward but practically a nightmare.
However you need to stop paying half of the mortgage. A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.
In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.
Tell her that you are no longer going to pay half the mortgage because you don’t have any benefit from it and that she is going to have to pay it all.
If there were no children involved No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.
The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).
Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.
Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.
If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.
Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.
Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.
So unless there is a big amount of equity in the house, the chances that you are not going to get your hands on the money from the property for another 16 years although she may do a deal with you to buy you out for a much lesser sum in the short-term rather than you wait 16 years. It would be totally different if you did not have a dependent child.
If she has verbally agreed to it, all well and good but if it goes to court, and she decides that she doesn’t want to move out, for whatever reason, it’s unlikely you would be able to force the sale.
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