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DP wants to split but keep the house - any advice?

(12 Posts)
isindecherryblossom Fri 27-May-16 01:17:25

Message withdrawn at poster's request.

fuzzywuzzy Fri 27-May-16 01:24:59

I'd get legal advice. Go see a solicitor ASAP.

iminshock Fri 27-May-16 01:41:33

Bloody hell you are far from unreasonable.
What's the legal position with the children ?

iminshock Fri 27-May-16 01:43:44

What suggestion has your partner come up with ; what do they consider a fair financial / practical arrangement to facilitate the split they have initiated ?

DailyMailYobos Fri 27-May-16 01:54:23

What does civil partnership mean? Are you legally married? Presumably your partner will have to return to paid employment to contribute towards the mortgage and living expenses for herself and the dc. She doesn't sound very practical. She wants the benefits of your finances and continue to live the same quality of life but wants you to move out so she can persue someone else shockhmmconfused There's a big gap between reality and fantasy in your partner's thought process.

MrsSpecter Fri 27-May-16 02:04:37

So she is SAHP for the last 7 years and wishes to remain in family home with DC?

Rainbowqueeen Fri 27-May-16 02:56:57

So you are not married?
Is the house in joint names?

I agree with daily mail.

Penfold007 Fri 27-May-16 05:46:10

OP you need legal advice. Either of you can apply for a dissolution of the civil partnership, CMS guidelines will help you both work the child maintenance situation out. If your STBXP is the primary carer she may be entitled to more than 50% of the property but again legal advice will help there. Mediation might help you both work through access and other issues.

familylawsolicitor Fri 27-May-16 07:13:45

I'm sure you are aware OP, but for the benefit of those upthread, civil partnership gives all the same legal rights as a marriage.
OP, have a read of this which is long but a comprehensive guide to finances on divorce/CP dissolution.
www.judiciary.gov.uk/wp-content/uploads/2016/04/fjc-financial-needs-april-16-final.pdf
Then yes, you should go and get advice from a solicitor tailored to your situation.

isindecherryblossom Fri 27-May-16 12:43:13

Message withdrawn at poster's request.

aginghippy Fri 27-May-16 13:00:45

Sometimes in a divorce the court makes what's called a Mesher order - I think that's what your stbxp is referring to. Under a Mesher order one parent lives in the former marital home with the children, but the property continues to be held in joint names, until an agreed trigger point is reached. Then the property is sold and the proceeds distributed. The trigger point could be the youngest child finishing school or reaching a certain age.

You wouldn't necessarily have to pay anything, but your capital would be tied up in the property, which might mean you would not be able to buy your own place.

You really need to speak to a solicitor to get detailed advice tailored to your specific situation.

Berthatydfil Sat 28-May-16 13:15:26

50/50 generally means no child maintenance.
I've got no legal knowledge but it seems unfair that a person with good earning potential like a doctor can chose not to work but expect a former spouse to maintain their lifestyle and accommodation.
With regard to the house if she lives in 100% of it but only owns 50% of it she needs to pay rent (to you) for the other 50% so this could offset your mortgage payments but I guess this could only work if she's got the money to afford it. Alternatively the unpaid rent could be taken off her share of equity when the house is sold and given to you but you still have to find and pay for somewhere to live for you and the DC the rest of the time.
I think she's being unreasonable to expect this when there are other perfectly reasonable solutions
- she gets a job, buys you out so she stays in the house and you buy a new house suitable for the DC and yourself
- you sell and both down size to smaller family homes.

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