UK Property Law
Get UK Property Law Questions Answered by Experts
We moved in together May 2008, I left the marital home for 3 months on 29/01/13 when we split and returned as I couldn't afford to rent the room and pay the mortgage. I then had to leave again suddenly 12 August as the threats and verbal abuse left me scared to be in the house. I took myself and the dog to a friends house and called the police who have all the threats and abuse recorded. I have been at my friends until this day. I am due to rent a property out 4 Oct and we were supposed to be renting our home out because we couldn't afford to sell. My husband has been unable to leave the house as yet as he says he can't afford to and such this proposition came about last night and I was given until 10am this morning to agree.
There are no children.
We both own cars, mine is worth approx £4k his £800. We don't have any significant pensions. The only other assets are what is in the house furniture wise.
We have two loans secured on the mortgage in joint names. One with the mortgage company (owe £27k) and one with a loan company (owe £7k). We also have a DFS loan (owe approx £2k) no other joint debt.
I earn £38,250 but I have just become a qualified Chartered Accountant so my salary is due to increase. My husband earns £36,000
I had initially wanted to take over the mortgage myself but when I spoke with the mortgage company they were not willing to transfer ownership to just one person due to the debt on the property.
Ideally I would love to take over the house and do exactly what he has suggested but now I have signed up for a 12 month tennancy so feel unable to follow this option.
My plan was to rent for 12 months then seek to take over the mortgage myself but he doesn't seem to want to move out so that we can rent the property which was the original agreement.
In terms of taking out a loan in the region of £6k plus solicitors fees I'm not sure I have the credit available to do that as my Experian report shows my credit history only to be fair. I could potentially look into this and it would depend on what the monthly repayments were as to whether I can afford that along with my rent etc.
My ex has said that he could potentially get the money together. I am not sure whether that is true or not.
Yes that is correct, although I will remain on the deeds until he can finance this which could take up to 3 years before there is equity in the property.
I worried about the risk that he doesn't pay and they will come after me despite me signing a statement of intent.
If he doesn't pay, then does the statement of intent protect me from having to pay any failed mortgage payments.
He has suggested that it will be attached to the divorce that he is going to go ahead with shortly. I had also thought about only agreeing to this on a 12 months basis for it to be reviewed again as we may be in a position to sell the house then if the market picks up or I could seek to buy him out as my salary is due to increase significantly.
He is pressuring me to have a statement of intent from a solicitor by Tuesday evening. I also feel like I'm being black mailed as if I don't agree then he refuses to pay any mortgage or bills relating to the property.
So if I get something legally documented/an indemnity to be reviewed in 1 years time and attach this to the divorce then he can live in the house under certain conditions, is that right ?
I am nervous to sign anything with him as I don't trust him.
My husband has now changed the locks to the house so I can no longer gain access. Where do I stand legally on this as I am still paying the mortgage and my belongings are in that house still.