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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not want to sell the family home

256 replies

Schleich · 20/07/2020 08:06

StbxDH and I have decided to separate. We have 4 kids still living at home. We are mid forties. He is full time and major breadwinner, I’m part time, much lower earner.

Our only assets are the family home (equity is about 25% of the house value for our 5 bed home) and quite a lot of pensions. No savings at all.

He wants kids 50:50, which I’m upset about but can’t really argue with - he’s a really good Dad and has a very flexible job, he spends loads of time with them now. He’s not doing it for the money - we’ve gone on the child maintenance calculator and he is offering to pay me 20% more than the amount he would pay if he was only having them one day per week. He’s offered to get it put into writing.

However, because we have no savings he is insisting we sell the family home to release equity, split the equity equally and buy a smaller home in a worse area each with the deposit plus mortgage. He says without doing this he will either have to rent (which he HATES - he bought a house as soon as he got his first proper job because he hates the idea of renting so much!), or buy a bedsit or small flat, which would be too small to have the kids stay. He says to get a rental big enough to house all the kids comfortably would be unaffordable (I’ve checked, and he’s right), or at the least would prevent him ever being able to get back on the property ladder. He also has a dog, which he loves, and most rentals don’t allow pets.

He knows that a court would likely give me more than 50% of the assets, and says that he is happy to give me whatever proportion of the pensions a mediator considers necessary to make it a fair settlement.

I really don’t want to move. On my relatively low salary I’ll be limited in how much of a house I can buy with half the equity (although he says I should be able to get a mortgage which takes maintenance into account). It’s likely the children will have to share bedrooms for the first time in their lives, and their ages/genders make this a bit difficult.

We did talk to the mortgage adviser and she said that that buying him out would be very difficult due to my earnings and the high price of the house, and would incur mortgage penalties which would wipe out 20% of the equity to switch to a mortgage company which might allow it (ours won’t take into account maintenance payments). He might be able to buy me out based on his income, but not if he is paying me maintenance - because I’d need the maintenance agreed in writing for my mortgage company to take into account but that would then impact on his borrowing ability!!

I suppose I just don’t want the children to suffer as a result of our decision to split up, and all I can see is them having to switch back and forth between two homes which are much to small for our big family.

OP posts:
differentname · 20/07/2020 08:09

You could, until they are older, let the children stay in the house and you take turns to live with them, while renting something smallto stay in in your "off" weeks?

Abraid2 · 20/07/2020 08:11

@differentname

You could, until they are older, let the children stay in the house and you take turns to live with them, while renting something smallto stay in in your "off" weeks?
This^
ShandlersWig · 20/07/2020 08:12

I cant see how you can hang onto it, as your ex needs somewhere to live and I can understand why he would not want to rent.
I'm assuming you've got no savings as youve pumped them into the mortgage. So effectively, they are your savings.
Can you work full time to get a larger mortgage? You'll have time if kids are 50:50.
Also, how old are the kids?

ShandlersWig · 20/07/2020 08:13

Ohhh yes, nesting. Forgotten about that!

CourtneyLurve · 20/07/2020 08:15

Could you afford the mortgage if you stayed in the house? For the sake of the kids I'd push to stay in the family house until youngest is an adult and then sell and split the proceeds.

Him renting is not the end of the world. It's about what's best for the kids.

Newuser123123 · 20/07/2020 08:15

Yes get a small 1 bed flat and swap between it. Get a cleaner /housekeeper to come in between visits so there's no arguments over how it's been left.
I often wonder if some marriages would recover after a bit of time like this.

flooredbored · 20/07/2020 08:16

I would get some proper legal advice to be honest.

Schleich · 20/07/2020 08:17

@ShandlersWig

Kids are 16, 14, 13 and 10, boy, girl, boy, girl.

I had already assumed I'd start working full time - but even then I only earn around 1/3 of what my STBExDH.

We've not pumped money into savings - we've just always spent all our money! I know we are both going to have to live a more modest lifestyle now, I'm just finding it hard to accept that would have to include moving to a much smaller home and forcing kids to share bedrooms.

OP posts:
HowFastIsTooFast · 20/07/2020 08:19

@differentname

You could, until they are older, let the children stay in the house and you take turns to live with them, while renting something smallto stay in in your "off" weeks?
That's a great idea. If you don't want to spend loads on rent you could probably even look into lodging or a flat share, or (assuming all is amicable) you and XDH could split the rent on a 2 bedroom place, given that you'll never be there at the same time and how much he hates wasting money on rent?
slipperywhensparticus · 20/07/2020 08:19

You need a better job now if you want to keep the house maybe even two

reefedsail · 20/07/2020 08:19

I think that would be the best solution. Kids and dog stay put, you and DH alternate between the house and a rented bedsit. You could have a bedroom each in the main house if there is a spare room.

Schleich · 20/07/2020 08:19

I had read about "nesting", and I do see how it could work for the kids. I suppose I'd just rather some proper separation between us. We were together for nearly 25 years, and I want to be able to move on (so does he).

I'll talk to him about it, and see what he thinks of the idea.

OP posts:
lukasiak · 20/07/2020 08:20

[quote Schleich]@ShandlersWig

Kids are 16, 14, 13 and 10, boy, girl, boy, girl.

I had already assumed I'd start working full time - but even then I only earn around 1/3 of what my STBExDH.

We've not pumped money into savings - we've just always spent all our money! I know we are both going to have to live a more modest lifestyle now, I'm just finding it hard to accept that would have to include moving to a much smaller home and forcing kids to share bedrooms.[/quote]
Why can't they share rooms? Those ages are fine.

AllTheUserNamesAreTaken · 20/07/2020 08:20

Can he keep the house, buy you out and you buy somewhere? That way the family home doesn’t need to be sold, the kids can keep their bedrooms.

Palavah · 20/07/2020 08:20

It sounds as though you have to mentally adjust to your financial reality!

You have some practical suggestions, above

AllTheUserNamesAreTaken · 20/07/2020 08:22

16/13 and 14/10 sharing is fine. Why would you think that isn’t?

There’s 6.5 years between me and my Dsis and we shared growing up

TheMotherofAllDilemmas · 20/07/2020 08:24

Jesus! You need to see a solicitor before you agree to anything.

First, if you do 50/50 you won’t be eligible for UC, I cannot imagine how you could house 4 kids with a small salary, even having them 50-60% of the time would make you eligible for far more support.

Key thing about child maintenance, assume you will be getting the minimum stipulated by CMS as no matter how many documents he signs or court orders, either of you can go back to the CMS after ONE year and whatever he previously agreed to is wiped out and can be reduced to the max of 20% of his salary reduced prorate according to what percentage of nights a year he has them. NOTE: you won’t get ANY child maintenance (None whatsoever)if you agree to 50/50.

In terms of the mortgage, can you take over the monthly payments alone on your current income? Can he pay you a hefty spousal maintenance ( he needs to be loaded for it to be ordered) If not, that house will need to be sold,but that in itself is not necessarily a bad thing. Owning your own little place is better, sometimes, than waiting to sell when your younger kid is 18 (May be difficult to find an affordable mortgage the older you are). If you rent you may get housing benefit, you don’t get housing benefit to pay mortgages.

Key other thing: a mediator is not a judge just a mediator. They can’t make you agree to anything you don’t agree with. They are just there to stop a big fight while you discuss issues.

He has obviously very good intentions, but this may disappear very soon as you start discussing the separation of assets. You need to decide things in a way that if everything goes tits up you have the law on your side.

Schleich · 20/07/2020 08:24

@slipperywhensparticus

Other than going FT (which I will), I can't earn any more in my line of work. My STBexDH is a high earner, it's not that I'm an especially low earner. I earn about £35k (if full time), he earns just under £100k.

OP posts:
ParisCactus · 20/07/2020 08:24

Could you afford the mortgage if you stayed in the house?...... Him renting is not the end of the world. It's about what's best for the kids

But if the ex is having the kids 50% of the time, how does this suggestion work? It's not fair for him to have a rented flat and be restricted in his access to the kids because of it, while you luxuriate in a large family home which is devoid of family half the time!

The only sensible and fair way of keeping the house is following @differentname suggestion and letting the kids stay there while the parents flit back and forth to a second, smaller property. But I think it would be difficult to maintain cordial relations for a long period and what if either of you meet someone else?

Ending a relationship is almost always financially disadvantageous (unless there are unlimited pots of money). It's part of the deal sadly and has to be considered alongside the emotional turmoil.

Lockdownseperation · 20/07/2020 08:26

Yanbu to feel this way but there is no other way to solve the issues unless you do the house swap. I can’t imagine nesting would work for me in that situation. Those children ages are fine for sharing. Is is easy for you to convert your job to full time? The job market at the moment is tricky.

ZigZagIntoTheBlue · 20/07/2020 08:27

Lots of children share their whole lives, it won't kill them to have to do so now. They're at an age where they'll start to be home less anyway surely?

Noconceptofnormal · 20/07/2020 08:29

I think you owe it to your children to come up with a better solution than what's on the table currently.

I think the family home needs to be kept for another 8 years, until your youngest is 18 and then sold and split at that time.

I also don't think joint custody work very well in any situation but in my opinion your kids are too old for this arrangement anyway, as they are at an age where they have their own lives.

The nesting solution may work for you but I think only if you are still allowed to be in the house most of the time, as 50/50 would be too disorientating.

Boom45 · 20/07/2020 08:29

No real advice about how to handle the house but just to warn you mortgage companies dont take maintenance into account, or at least they didnt when my best friend was buying a house after divorce a couple of years ago. She and her ex husband had to do all sorts of messing about moving bills etc into his name (childcare, mobile phones, utilities) to greatly reduce her out goings to get around the affordability tests because they wouldn't accept maintenance as part of her income

OhTheRoses · 20/07/2020 08:30

How, after 25 years, do you only had 25% equity in the house and no savings. Are you divorcing due to money issues?

The solutions above. Not ideal but probably best for the children