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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:
fatgirlslimmer · 20/07/2020 08:54

My friend and her husband nest. It works for them, they have dates when they are not with the kids. Privacy would be an issue for me though.

ivykaty44 · 20/07/2020 08:55

At an approximation you’ll be able to borrow £105k + your share of % of equity To purchase new home.

Question is what would that buy you?

Your husband will have 8 years to wait if you choice time argue staying in family home, until youngest if 18

Schleich · 20/07/2020 08:56

@violetbunny

I'm a bit reluctant to spend money on a solicitor (other than a free initial session, which I did do and which made it sounds like I was in a weak position unless I pushed for having the children as much as possible so that I "needed" more money and assets from him).

Also, I'm not sure I can say that I've sacrificed my earning power, since I do earn (on an hourly basis) the maximum for my profession. The only way I could now earn more would have been if I'd given up a career change opportunity to look after the kids. But that seems a bit of a stretch?

OP posts:
Bateshotel · 20/07/2020 08:59

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

OliviaBenson · 20/07/2020 09:02

I think you need to pay for a solicitor. 50:50 is fine in terms of contact but it needs to be recognised that over the length of your marriage you sacrificed your earning potential to raise your kids. There's a huge mismatch in your salary.

A solicitor will be a wise investment.

Abracad · 20/07/2020 09:03

Personally, I would chose a smaller home which was mine rather than be tied together with all of the lack of clarity implied by nesting. When I was first separated, I slept on a camp bed behind a screen in the lounge to get enough space for the children.

waterSpider · 20/07/2020 09:05

#nesting# can work, but as others have said tend to falter when each parent wants to move on with new partner, or when parent-Y leaves either place in a messier standard than parent-X.

Could you stand to live a little longer together, where you try building up some savings, to give you more options?

CodenameVillanelle · 20/07/2020 09:05

I'm afraid you've just got to accept your situation. You've had 4 kids and work in a low paying career, and spent all your money on a failed business. I'm not trying to be rude but they are all decisions and choices you made and now you need to cut your cloth.
You may need to go into rented. It's not the worst thing in the world. I expect your husband could afford to buy on his salary. Maybe you could use your part of the equity to buy a small flat and rent it out so you don't totally drop out of the housing market?

KitKat1985 · 20/07/2020 09:05

I think your soon to be ex-husband's request to sell the house and split the asset is probably the most sensible option, and it sounds like he has been reasonable about the whole thing. Unfortunately it's pretty much impossible to divorce with kids / houses without having to accept some changes and losses.

CodenameVillanelle · 20/07/2020 09:06

@OliviaBenson

I think you need to pay for a solicitor. 50:50 is fine in terms of contact but it needs to be recognised that over the length of your marriage you sacrificed your earning potential to raise your kids. There's a huge mismatch in your salary.

A solicitor will be a wise investment.

Has she though? I agree that by going part time she's earned less but presumably she chose the lower paying career field? She'd have to prove that she chose that field in order to raise the kids and support the husband, that might be the case but not necessarily.
Schleich · 20/07/2020 09:07

Quite a few people have said about me sacrificing my earning potential and that this means that I should be entitled to more.

Do you need to be able to show that, if you hadn't given up work/gone part time that you could have had more promotions in your current career and so be earning more now? Or can you just argue that you would have changed careers and earned more?

I earn (if FT) about £35k, which is "top of the line" for what I do. I would have needed to have changed careers to do better.

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

You really need to go to a solicitor.

SarahBellam · 20/07/2020 09:09

Is your house large enough to divide up? I have quite a big house on which my ex and I still have a joint mortgage (we also get along very well - this is important). He has a 2 bed house where he lives with his partner. The kids stay there 2 nights a week but have to share a room which they’re less keen on as they get older.

My ex and I work in a sector that is going to be absolutely clobbered by Covid and Brexit so are looking at options to ensure we can keep a roof over ours and the kids’ heads if the worst comes to the worst. We are considering a big loft conversion which will give me a good sized open plan living area, mine and the kids rooms will be on the first floor, and we convert the ground floor into a flat for him and his partner - they will have the lounge, the dining room (which becomes their bedroom - and an en-suite will go in there), and a kitchen diner. We have to work out the logistics but it means we will have separate living quarters with separate entrances, but the kids have access to both of us and we can continue to share care while rarely seeing each other if that’s what we choose, while saving a tonne of money.

cafenoirbiscuit · 20/07/2020 09:10

But if you went part time to look after the children you’ve sacrificed earnings

Iloveyoutothefridgeandback · 20/07/2020 09:12

I would seriously reconsider joint custody. I think they're all a bit old for that and it's probably not in their best interests.

Oldbutstillgotit · 20/07/2020 09:15

I cannot imagine DC of that age wanting to constantly move between houses . One of DD’s friends has DC aged 13 and 11 and they spend one week with each parent and absolutely hate the constant moving but neither parent is willing to give way .

Frozenfrogs86 · 20/07/2020 09:16

I think you probably do need to see a solicitor, sorry.

edwinbear · 20/07/2020 09:16

This is just the reality of separating. The same amount of money has to run two households rather than one and sacrifices will need to be made.

2020Rainbow · 20/07/2020 09:18

I would not agree to anything until you have had legal advice. You could potentially stay in that house until the youngest is 18.

Contact a solicitor ASAP

Baarbarella20 · 20/07/2020 09:19

Sell the big property
2 separate new, smaller properties
2 children in each
The children swap over between each property ?

CourtneyLurve · 20/07/2020 09:20

You need to invest in a solicitor. He might be playing nice now, but what happens when he gets a new woman? What if he has more kids? You need to get what you can now so you aren't vulnerable to someone else's whims.

foolishlyfoolish · 20/07/2020 09:22

It sounds like you've been living well above your means. With only 25% equity you'll be working well into your 60s at least to pay it off and that's presuming you can get a mortgage.

I'd sell up, buy a 4 bed in a cheaper area and a small flat and share as PPs have suggested. You can both have your own room in both.

You could even look at the smaller property being in a nicer area as you will he spending more free time there on your own.

okiedokieme · 20/07/2020 09:23

We have decided to keep the house until the kids finish university but this only worked because we could afford two mortgages. Originally I was staying put and he would buy elsewhere smaller (space for the kids were not part of the the equation because we never expected them to stay over at his) but (due to not rushing to divorce) circumstances changed and I moved away, he pays me spousal maintenance and I have bought a house elsewhere. Kids are at university though so maintaining the extra house is only for 3 years max after which I can pay my parents back with the equity. Mortgage wasn't an issue, broker sorted it. The fact it's 8+ years makes me think the courts would side with him to sell up so your only chance is a private agreement.

Fletchings · 20/07/2020 09:24

can you not increase your earnings esp if you have the DC only 50% of the time? Also, three of your children are teens and won't need childcare and the 10 year old won't need it for much longer. I really would try to get another/second job or see if you can I crease your hours to become as independent financially as possible.

if your stbex is having the DC half of the time, I think it would be u reasonable to expect to keep the house. Where are they supposed to stay of they are not with you?

TheStuffedPenguin · 20/07/2020 09:24

[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]
Sadly divorce makes everyone poorer and we all have to accept things we don't want . If he was not having them 50% of the time then I would see a case for you staying on in the house until children are out of full time education then spilt the equity BUT in this case it doesn't work does it ?