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I am in a very messy situation my husband has commited adultry…

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I am in a very...
I am in a very messy situation my husband has commited adultry and it has been hell living with him I am nearly 62 and have just moved into our other house both houses are in joint names and have to stay that way, I have now got a letter from our mortgage people saying I canot live in my house because it is buy to let which they have told me means I cannot live there, we are in breach of contract, this was never explained to me I would never have agreed to that I was always going to move into this house later anyway. what can we do I also have a 10 year old dog who lives with me the mortgage company have offered us no alternative by way of changing the mortgage they have simply said get out or pay up in full which is £115,000 neither could I get another mortgage can they chuck me out on the street I am in absolute hell please can you help
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 5 hours by:
2/25/2012
Real Estate Lawyer: Senior Partner, Attorney replied 6 years ago
Senior Partner
Senior Partner, Attorney
Category: Real Estate Law
Satisfied Customers: 13,330
Experience: 30 years experience in business law and related topics such as employment law
Verified
Thank you for your question. This is clearly a distressing situation but I'm afraid that your mortgage company is correct - a "buy to let" mortgage is solely for a property that is intended to be rented out and not for owner occupation. There would have been clear contractual conditions, which should have been pointed out but, if not, should have been obvious from the type of mortgage that you and your husband entered into indicating that neither you, your husband or any family member could live in the property. Given the circumstances and the fact that you no longer wish to live in the original family home, you have several options: - you could rent out the property and use the rental income to rent another property for yourself, you could negotiate with you husband (as part of a divorce or other settlement) to sell the buy to let property and use the proceeds to purchase another home for yourself or you could see if it was possible to re mortgage the buy to let property with another lender, under an ordinary residential mortgage. In the mea time, I would suggest that you speak with the lender, explain the circumstances and ask for a reasonable amount of time to either find a new tenant or to sell the property.
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