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Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 34236
Experience:  25 years exeperience
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My ex-husband has been letting 6 rooms in the jointly owned

Customer Question

My ex-husband has been letting 6 rooms in the jointly owned family house and getting over £2000 in rental income.
We never sold the house and I am joint owner. I know he is renting rooms and getting at least this income and I have a first hearing for Form A in January how can I prove this income.
I can go in the house and knock on the door of each lodger and maybe have a pre-written statement that has their name and how much rent they pay and have long they have lived there but would this be valid evidence; if not how could I make it valid and what could I do if the lodger refused to give details?
Submitted: 1 year ago via LawDepot.
Category: UK Property Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How do you actually know he is letting the rooms out?

Customer: replied 1 year ago.
When we lived together we rented out rooms and he has continued doing so. Our daughters aged 14 and 17 years old tell me that there are lodgers in the house when they stay over. He and his new wife and the 2 girls when they stay with him are in the annex. It is a 5 bedroom house with 2 reception rooms.
When we went to the Estate Agents together to sell the house the Estate Agent acknowledged the fact that enough notice be given to the lodgers when organising a viewing.
Expert:  Clare replied 1 year ago.

Would the Estate Agent put that in writing?

Customer: replied 1 year ago.
In 2011 when we had a mediation he wrote down that he was getting £2000 a month from renting 6 rooms. We have been divorced for about 8 years but we never handled the finances. I want to claim 50% of the rental profit. The mortgage has been on interest only at £740 per month and yes there are bills of course but he and his wife have got all the basic living costs covered and some profit while myself and the 2 girls have had to move 4 times into different rented accommodation.
Re Estate Agent I don't think he would and he doesn't know how much he receives in income. The estate agent made id clear to both us that he doesn't take sides he just sells houses.
Expert:  Clare replied 1 year ago.

Is he now denying that he is renting the rooms out?

Customer: replied 1 year ago.
He/s playing down how much he gets and saying it just covers costs buy he includes all the utilities and council tax things that I have to pay out of my salary,
Expert:  Clare replied 1 year ago.

In that case you can ask HIM to produce the evidence of what he receives - and to explain why it is less than the £2000 that he got in 2011

You do not need to do anything else.

Please ask if you need further details

Customer: replied 1 year ago.
OK what would be the deal with the utilities though can he take off all the costs of interest and utilities and then only arrive at the profit sum which would then be a lot less/
Expert:  Clare replied 1 year ago.

No - he has to declare all the oicome and all the outgoings -