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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:
Fletchings · 20/07/2020 11:38

So a good friends ex took her to court for 50/50 despite the fact that he had the kid about 40% unofficially as they'd agreed. ( and he paid no maintenance). In his 'time' he did no homework, didn't take her to weekend sports club, didn't do music practice, never washed her clothes ( kid would come home with a bag of laundry for mum to wash), didn't respond to any school meetings or messages. Just did stuff his way.

OP keeps reiterating that her ex is very involved. Why do you assume it is the same for other couples just because your friend had a shitty ex. Hmm

callmeadoctor · 20/07/2020 11:40

Have you met somebody else OP? Otherwise I think I would just wait it out. much better for the kids and also financially (and the dog Grin

Autviaminveniamautfaciam · 20/07/2020 11:44

I can only speak from my own experience, but I'd rather stay with a boring but income-producing dh for a few more years than live the single mum life I've currently got.

From your updates OP, I think that if you haven't done so already, you need to really think this through. You say you married DH because he'd make a great dad, you wanted a family etc. You've been together 25 years and when you go out with him you are bored. Honestly, when I read that I thought "is that all?"

I've been with DH for nearly 30 years, brilliant dad, but boring DH. I've been through a rocky few years thinking I wanted to leave and he has had those thoughts too. However, the conclusion I came to is that I just can't do it to my DC. Yes, my life isn't perfect. However, living in a small house that I can only afford by working 2 jobs, not seeing my DC all the time, being broke, wrecking their GCSE's and A'levels when right now they are on target to do really well. That would make me more miserable the I am now. Also, as a middle age woman with DC at home, what excitement am I actually going to be having once single? Have you had a look at the blokes out there now? There are a lot of very, very horrible men around. Before you do this please make sure you have thought it through. I know many 40 something women who would happily swap for a stable, but boring bloke. Be careful what you wish for as you may get it and some you don't want.

edwinbear · 20/07/2020 11:44

Seems to me OP, you've decided to split the family up at a crucial time for the DC because you're a bit bored. You want him to just clear off into the sunset, leaving you with the big house and to continue funding your lifestyle as is nothing has happened.

Meanwhile, in the real world.......

Spinnyspiney · 20/07/2020 11:47

'Why do you assume it is the same for other couples just because your friend had a shitty ex.'

was just answering someone who said why would it get harder for a mum.
And as I said this isn't a one off ALL bar ONE of the couple we know who've split with 'great/good' dads has meant the mother doing more and being financially disadvantaged down the line because it IS easier for a bloke to move on as a single father than it is for a single mum and despite good intentions at the start managing 50/50 with kids takes exemplary communication between the exes.
And even if those comms start out amazingly well, it can come under enourmous pressure when a new woman/man come on the scene.

Anyway, 50/50 here, as I said before, is less about how will the dad will do everything and more that it will mean financially the OP will really really struggle, and the kids will likely suffer too.

Lobsterquadrille2 · 20/07/2020 11:49

@PleasePassTheCoffeeThanks

Just because he wants 50/50 does not mean it is fair and that you have to agree to it I am a bit shocked reading such comments from several PPs. Why is it not 'fair' for the dad to want 50/50? Why isn't OP the one who should compromise and have them less than 50% ? Then the dad could keep the family home and OP could rent a small place on her own (which might be too small to accommodate all DCs) - reading between the line this is what some posters and OP would like to happen.

OP has said clearly that she earns the top level for her career, so no impact from her marriage on her career progression. The lack of earnings/pension from going part time doesn't matter if all current assets are divided 50/50.
She says that the dad is hands on and has flexibility to look after the DCs half the time.
So really, I am not sure why people believe she is owed anything more than 50% + the generous maintenance he is offering? And why if the DC arrangement is not 50/50 she should automatically be the one to have them more?

I was going to say this, but it's already been said more eloquently than I would have done. I completely agree with this.
WhatamessIgotinto · 20/07/2020 11:50

@edwinbear

Seems to me OP, you've decided to split the family up at a crucial time for the DC because you're a bit bored. You want him to just clear off into the sunset, leaving you with the big house and to continue funding your lifestyle as is nothing has happened.

Meanwhile, in the real world.......

Where do you get the impression that the OP is 'a bit bored' and that it's just her decision to split? (Apologies if I've missed something the OP said, I just don't get this impression at all).
Spinnyspiney · 20/07/2020 11:50

Which is why OP needs to sort out the money side of things now and not assume that STBEXH will play fair later.
I mean, does HE want to split up? If not it could soon turn bitter, being dumped isn't nice.

Genevieva · 20/07/2020 11:50

You can't afford what you want, so you are going to have to compromise somewhere.

It sounds like there isn't much animosity between you. Have you thought about marriage counselling? My view is that when you get married you make a formal commitment to the other person to build a life together and to try to sort out difficulties when the going gets tough. Being bored and finding your husband a bit dull isn't a good reason not to try to work on your relationship. There are many types of marital relationships out there. They include people who are best friends and people who have something more akin to a business relationship. It is possible to have a perfectly successful marriage in which you both have different outside interests, but share your love of the kids and the management of the household. If you are seeking a dream of riding off into the sunset with a new lover, whilst also wanting the marital home, then you are going to be sorely disappointed.

Spinnyspiney · 20/07/2020 11:53

'So really, I am not sure why people believe she is owed anything more than 50% + the generous maintenance he is offering? '

He's taken legal advice I assume? If I was his solicitor I would tell him to push for 50/50 so he doesn't have to let her have the house, to sell up and once it's all settled down and the money is split he can go to paying the minimum CSA calculator says, if anything as it's 50/50, his 'generous' offering can be rescinded just as easily as it's offered.
All he has to do is stop paying it

PleasePassTheCoffeeThanks · 20/07/2020 11:54

Exactly Playmysong !

I feel that a lot of comments here are doing a disservice to women, it is 2020: women should not be seen as the default parent just because of their sex. Or because it would get them more money Confused

Honeyroar · 20/07/2020 11:57

I also agree that there are plenty of dads out there that deserve 50/50.

Fletchings · 20/07/2020 11:59

Where do you get the impression that the OP is 'a bit bored' and that it's just her decision to split?

because the OP said so in one of her updates.

edwinbear · 20/07/2020 12:01

@WhatamessIgotinto - in this update

The decision to separate is mutual, but is mostly driven by me. To be honest I think the problem is I married him precisely because I felt he would be a perfect father and having kids was very important to me.

This sounds awful, but I've come to realise that I just don't enjoy his company outside of a family environment. Whenever we go out just the two of us, I'm just bored. I'm not the same person I was 25 years ago, and nor is he.

Genevieva · 20/07/2020 12:02

PS
A relative of mine is a lawyer. Many years ago a regular client of his turned up and said "I need you to sort out a divorce for me." My relative sat him down and listened while he talked through his emotional turmoil regarding the affair his wife had had while he was busy working hard to provide for the family, his feeling of betrayal and shame that this should happen to him, her regret and promises. It all spilled out. I didn't get any more detail than I write here and I don't know who the individual was. Suffice to say that it would have been a very lucrative bit of business if the law firm if they had stoked animosity between the client and his wife. Instead, my relative asked if he still loved his wife. He said he did. My relative told him to go away and get marriage counselling - he could come back afterwards if he was sure he wanted to go ahead with a divorce, but there was no hurry. A couple of years went by before the client walked into the office again for a completely different reason. After the meeting was over and before leaving, the client turned to my relative and said "I never thanked you for saving my marriage, but I am eternally grateful. It is better than ever now and I so nearly lost it."

The circumstances are different to your own, but good marriage counselling can make all the difference. Give it a go. You owe it your husband and your kids, but most of all to yourself.

dottiedodah · 20/07/2020 12:06

I would think about what Caring Carer has said .You need to wise up and see what the best deal is for you and not him! It sounds like maybe he is after divorcing?(maybe Im wrong)and everything seems to be about what he wants!If you have been working P/T and him F/T ,then you are surely the primary caregiver ? Tough if he doesnt want to rent ,thousands of people do with and without pets! He seems to want to have them 50/50, but the teenagers are surely more involved with friends /hobbies at this age anyway? He will realise that even by working P/T ,you have given up your chances of promotion to raise DC and saved money in childcare fees! I think he is in for a shock! Please instruct a good solicitor ASAP (Some will take instalments ) Good Luck!

willitbetonight · 20/07/2020 12:06

Honestly in your position I would be doing everything I could to save my marriage. Have you had counselling? Do you both make time for individual interests? If you find him boring that sounds like you are relying on him to be your excitement. Find outside interests sand you may find you both have more to communicate about. You have 4 children at crucial times of their education. You can't expect your husband to live in a shitty rental whilst paying for you to stay in the family home because you are bored. Fair enough if he was abusive.

VeniceQueen2004 · 20/07/2020 12:07

Nesting sounds brilliant to me. The ony downside is him having to rent which he doesn't want to do. Boo hoo. If he's such a brilliant Dad he'll put up with it for 8 years for the sake of his kids.

I can't see at all how it stops you 'moving on'. You have your own space 50% of the time! What parent of kids has more than 50% of their time to just worry about their own interests and relationships? Nothing to stop you meeting/sleeping/with/setting up home with a new partner if that comes along. Just means they don't get foisted on your kids, who get to carry on with the life they have known in the home they are used to. And once the youngest is safely off to uni, sell the house, split the equity 50/50 and both make your own ways in the world.

The only thing is OP you'd have to contribute 50:50 to the mortgage out of your lower income - not sure if that's the case legally but ethically you'd have no argument not to IMO. So he'd be able to rent a nicer place than you; but that's the price you pay for having a less well-paying job, which from what you say doesn't sound like it was a choice made for the kids (although your lost potential earnings from being part time for so long, and lost funds through his attempt at starting his own business, should be considered in the asset split). So you both lose out in some ways (him having to rent, you having to put up with a lower standard of living) - but both of these are temporary problems, once the house is sold and the assets fairly split you'll both be able to make something of that.

Atadaddicted · 20/07/2020 12:07

Same situation here OP 4 years ago

I’m still in the family home with the children!!

The agreement was - I took the equity but didn’t touch his pension.

We got a for forensic pension forecast (£1000 but worth it!) to value his pension and was circa same as equity.

NannyOgg66 · 20/07/2020 12:08

As PP said you need a better job, in an ideal world, however this is easier said than done. In some cases your ex may have to pay spousal maintenance for a set period while you retrain or upgrade your skills if you have been out of the job market because of raising children. I would urge you strongly to seek legal advice. This is too complicated and you are both no doubt emotionally vulnerable at present. I agreed to lots of things when my ex left because I was devastated and hoped it would be temporary. A court would be looking at what is best for the children and would not be concerned with whether or not your ex disliked renting. Often the family home is retained for the children until they are 18 or finish full time education. Your ex may have to wait to get his money but of course either of you could meet someone else in the meantime. It sounds like there is not enough equity in the house to sell and split 50 50 and both have a reasonably sized property to accommodate the children.

titchy · 20/07/2020 12:10

At the ages your kids are, realistically you can't assume you'll have them 50:50. Maybe the 10 year old. But the others probably won't want to be moved back and forth according to their parents schedules. And not all together either. I'd imagine there'd be times when the boys wanted to do one thing and the girls another. Or one would prefer to stay put even though they're supposed to go to the other parent.

Nesting does sound like a good solution. You could both rent very cheap bedsits which would allow you to move on and date, and even have a single bed each in the main house.

Alsohuman · 20/07/2020 12:11

Where do you get the impression that the OP is 'a bit bored' and that it's just her decision to split? (Apologies if I've missed something the OP said, I just don't get this impression at all)

You missed it. She’s said exactly that.

VeniceQueen2004 · 20/07/2020 12:11

Do you think if you wanted to make it work he'd be interested?

Otherwise all these comments advising you to give it another go are completely pointless. And why should you? It's not like you're saying you want to dash out there and have sex with a fighter pilot on the bonnet of a Lambourghini; you just don't want to have to live day in day out with someone you don't enjoy being with. Maybe you just want to come home and feel peaceful. That's not a crime.

Atadaddicted · 20/07/2020 12:13

All this you need a better job

It’s not going to happen. You’ve either not worked or worked part time for 25 years
You have 4 kids
You’re in your forties (yeah yeah “well I made a career change at 48 etc etc)

But mainly - the economy is decimated!!!!

So I would avoid even mentioning this as possibility in discussions or well and truly batting it out the court

NannyOgg66 · 20/07/2020 12:15

Also forgot to mention you should not rely on child maintenance to pay a mortgage even if the bank took it into account. What would happen if your ex lost his job or got a less well paid job or became ill?

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