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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:
nitsandwormsdodger · 20/07/2020 08:30

By a small two bed flat in worse ( hopefully up and coming ) area mum and dad have a room each which they stay at on their " off" days
Both parents have access time with kids in the family home, kids stay put in familiar surroundings
When last child has grown both properties are sold and split
Needs to be put in legal so isn't messed up by any new relationships

Bettybunny23 · 20/07/2020 08:33

Stay living together for another year. You go full time and actually save so you have some cash behind you.

LaurieFairyCake · 20/07/2020 08:35

I think if you already spend all your household income then you're both going to be very poor running two households.

The second thing is whatever is agreed in writing is not binding - so you could give up the house and he could just simply stop paying what is agreed.

I know 2 clients who have done the 'nesting' thing in a rental property and it's worked brilliantly for them - their week off has meant they could start new relationships, take up new hobbies and process what has happened for them.

NeedToKnow101 · 20/07/2020 08:35

Would getting the children to share and getting 1 or 2 lodgers make your current home affordable?
That wouldn't solve the problem of your stb-ex getting a deposit to get himself a new mortgage though I suppose.

Why are you splitting up? Is your relationship salvageable?

NotEverythingIsBlackandWhite · 20/07/2020 08:36

Sadly, not a great time but it does sound as if you need to:

  1. Work full time.
  2. Sell the house.
  3. Consider nesting.

If you nested even if only for 6-12 months, whilst sorting out a permanent solution (which could be nesting) it will give you a good insight into what your DC will be going through if they have to swap homes for the rest of their childhoods.

In an ideal world they will stay in their childhood family home but this often isn't possible. You need to consider that, if you were to stay in the 5 bed house, that your STBXH would need somewhere suitable to live that would also enable him to have the DC and, in the future, perhaps another partner. You can't expect him to live in a bedsit or tiny home while you sit pretty in a 5-bed house. He needs to be able to afford somewhere suitable too.

How old are your DC?

Palavah · 20/07/2020 08:36

25% equity surprised me too. What's going on there - are you on an interest-only mortgage?

Schleich · 20/07/2020 08:37

@OhTheRoses

My STBexDH used to own a business (well, we both owned it, but he ran it). We remortgaged the house to the maximum and used all our savings to set it up (I was part of the decision). It didn't work out and the business folded 2 years ago. That's why we are so asset-poor.

It was quite upsetting, but it (money) isn't the reason we are separating.

OP posts:
TheLegendOfZelda · 20/07/2020 08:39

At their ages, nesting sounds a good solution, either for 2 or 4 years. Do the older kids want to do 50:50 by the way? It's hard at 16 when you actually spend most of your time at sports clubs or with friends. They might prefer one base and to see both parents.

Invest in another property, swap in and out.

I totally disagree that room sharing is nothing to worry about. Sure, if you can't afford anything else, it won't kill them either, but these are important study years.

Alternatively, if a divorce and house sale might take a year anyway, what's the rush? Wait another year and the eldest is gone anyway, then room sharing on return from uni is less of a big deal.

Sirzy · 20/07/2020 08:39

You both need someone to live, especially if your both going to be sharing custody.

Unless you are in a position to fully pay the mortgage then unless the idea of you both sharing somewhere for when the other has the children will work then you need to sell and both start afresh.

The longer things get left unsorted the more complicated the situation is likely to become

MotherofTerriers · 20/07/2020 08:39

Buying a small flat for you and ex to alternate in so the kids can stay in the house, then selling both and splitting the proceeds could work. But if you haven’t already done so, see a good lawyer, you may be entitled to a better deal than he is offering you. You would get more than 50% of the equity

megletthesecond · 20/07/2020 08:40

You need to let the kids stay in the house and you and your H swap back and forth.

Easier to move one person than four kids every week.

NeedToKnow101 · 20/07/2020 08:40

I think you should also consider the nesting option, at least for a while.

Spinnyspiney · 20/07/2020 08:40

My friend got a Mesher agreement put in place - and her DH got a smaller place where the kids had to share but they were with home EOW and one week day night.
She stayed in family home and took over the mortgage.
Not ideal but 5 years later she was in a position to give him his equity back which was much earlier than she had to. She and her new fella bought him out.
‘Nesting’ is a rubbish idea IMHO as it doesn’t allow either parent to really move on with their lives and can be particular difficult when new partners arrive on the scene. You think it’s difficult dating as a single parent but imagine explaining that set up.

2020Rainbow · 20/07/2020 08:43

It might be different but a friend of mine has gone through a split.
The court ordered that she and the children can stay in the house until the youngest is 18 and the ex has to pay the mortgage on it.

So a court might view your situation the same way. Try and get legal advice

Spinnyspiney · 20/07/2020 08:43

At the very least if you’re still going to share the family home, you should get TWO, not one separate places.
In your circa you will likely be awarded more than he’s offering and probably a Mesher. It’s not ideal but you need to think realistically about what you can and can’t do given that you’re career is likely has suffered because you went part time to raise 4 kids. Pensions will also be taken into acct too don’t forget.

NotEverythingIsBlackandWhite · 20/07/2020 08:44

"Would getting the children to share and getting 1 or 2 lodgers make your current home affordable?
That wouldn't solve the problem of your stb-ex getting a deposit to get himself a new mortgage though I suppose."
Why should the STBXH have to struggle to find the deposit for a new home? Why shouldn't it be the OP?

When you think about both parents, it probably is best for the house to be sold. It won't hurt DC to have to share a bedroom. They'll get used to it.

Toodeloo · 20/07/2020 08:47

It’s tough when separation shakes up everyone’s lives. But that’s just how it is. Things can’t continue on as they were before, compromises have to be made for everyone involved - and that includes the kids even though they haven’t wanted any of it.
I’ve been in exactly your situation (though I don’t earn nearly as much as you do full time and I get less than CMS calculated) a couple of years ago.
We sold and both moved into smaller properties in a less desirable area. The kids share small rooms at both houses.
They will likely absolutely hate it, same might go for you - and they’ll let you know that they do. Which is fair, really, since they just got swept along in a decision made by others. It reads harshly, no doubt, but that’s the truth of it.
However, I now love my little house. The kids are settled and the relationship between all of us is great. Homes are walking distance to each other and it allows for a lot of freedom.
Only thing I’d change from your plan is having one “set” home for them. I’ve seen in my (former) stepkids what 50/50 does to them and it’s not been great. For us one night (2 days) a week away from home is more than plenty. After all it’s not as if they don’t communicate plenty in between as well.

ivykaty44 · 20/07/2020 08:49

When you say low income, how low? How much equality

I would, before committing to anything he suggests, is do some proper homework. Get a mortgage advisor and find out how much you can borrow. There is no point speculating. Then once you have a figure - be it £50k or £90k add the equity and look around to see what you can afford.

If you can afford a 3 bed place then great as you’ll have the children sharing & your own space

If it’s only 2 bed then It’s a different scenario

violetbunny · 20/07/2020 08:49

Please, please see a solicitor. As the lower earner/ person who has sacrificed their earning power in this situation you have a lot more to lose by going through mediation.

CourtneyLurve · 20/07/2020 08:50

Never heard of 'nesting'. You might as well still live together. How are mum and dad supposed to move on? Date? Have privacy? Ridiculous.

lifeafter50 · 20/07/2020 08:51

The nesting idea sounds like it should be the default. The children go to snd from school each day the same way, minimal disruption. Must be awful for the to have to uproot-particularly 50/50. Parents who say it is too inconvenient to nest and they want to 'move on' should think of the kids!
The two be flat sounds like a good idea so that you can build some equity. Otherwise rent a room in (separate) shared houses.

CodenameVillanelle · 20/07/2020 08:51

@2020Rainbow

It might be different but a friend of mine has gone through a split. The court ordered that she and the children can stay in the house until the youngest is 18 and the ex has to pay the mortgage on it.

So a court might view your situation the same way. Try and get legal advice

They are going for shared care so this would not apply
differentname · 20/07/2020 08:52

If the parents get a small place each they get all the privacy they want on their weeks off - more easily than if they are the resident parent

lifeafter50 · 20/07/2020 08:53

And as to have a partner -nothing stopping that - just see them on the 'off' weeks.

TheLegendOfZelda · 20/07/2020 08:53

@CourtneyLurve

Never heard of 'nesting'. You might as well still live together. How are mum and dad supposed to move on? Date? Have privacy? Ridiculous.
Yes, it's a child centred approach rather than a parent centred approach Parents can rent or buy separately so they can date if they wish You need enough money to buy or rent a second place (or family you can stay with), so it's not an option for everyone