Joint mortgage, want to rent out house

Discussion in 'Issues arising from joint mortgages' started by Greeneye, 13 Sep 2018.

  1. Greeneye

    Greeneye Frequent Poster

    Any advice please or thoughts..

    Ex and I have a house together. We split in 2012 but he left family home in 2014 and I have paid mortgage alone since 2014.

    I couldn't afford mortgage repayments in 2015 due to reduced wage as a result of illness.
    He refused to cooperate in restructure of mortgage, he told me he would be happy to see me homeless. Anyhow eventually I got restructure without him, but this was approved on very day I was moving out of house to either sell or rent out.

    Moving forward I let house as I was paying both mortgage and rent at this time and he was playing games of sell, don't sell, etc etc.

    Fast forward one year and ex began contacting me to sell house and this together with tenants behaviour made me decide to be done and sell.

    I issued notice to tenants to quit house as I was selling house.

    The ex stopped cooperating again, and once again I rented out house because I can't sell without his cooperation.

    Now tenants are taking me to adjudication for not selling house as I stated in termination notice.

    It's been suggested as my ex did not sign a declaration to sell house in addition to me, and the house is in both names, the notice is not valid.

    Can I ask how is a person suppose to rent a house and get other mortgage holder to sign all documentation if they will not co-operate.

    How many house owners have rented out houses without the consent or input of their partner because they take on the role of ensuring the mortgage is paid. Whether this is just their role in relationship to do the finances or in my position, no one else would!
    I thought as an house owner who pays the mortgage and is the sole landlord stated on lease with tenants that this means agreement is with people named on lease and not the other mortgage holder.

    Joint mortgage dilemma..