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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:
WhatamessIgotinto · 20/07/2020 12:45

@edwinbear I'm so sorry, I completely missed that post.

With that post in mind, I actually agree with you 100%.

Ballybeyondthepail · 20/07/2020 12:47

'Is this a reverse then?'
Why would you think that?

If this is a man writing, the advice from me stays exactly the same. The lower earning parent, stays in the house for now or at least goes 70/30 to see what finances look like then and does not rely on the goodwill of the other parent.

Lifeisgenerallyfun · 20/07/2020 12:51

Kids could share (plenty do) or could 2stay with DH one week then the other 2 the next, then you could both have a 3 bed.

Lifeisgenerallyfun · 20/07/2020 12:52

Oh just seen update. If I was you I’d work at keeping the family together first or maybe go to work full time

MaybeDoctor · 20/07/2020 12:54

You sound fairly amicable, so nesting could be a good idea for a few years. That would get some of your children to the point of independence and retain stability. You will both need to start saving ASAP.

If he is a high earner, could you jointly buy a second small property?

bluetongue · 20/07/2020 12:57

I feel sorry for your DH. He’s the one working full time allowing you to have your lifestyle. Now you are one wanting a divorce yet think you should also get to not have to give anything up.

dontdisturbmenow · 20/07/2020 13:04

This thread represents exactly why this forum is considered sexist.

Assumption made purely because he's Aman that the place will be a mess, that he won't want the kids as soon as he meets someone else, that he can't possibly look after the kids as well as that the kids are bound to prefer being with mum even after OP had already said that at least one would pick to go and live with him.

Some women will convince themselves of anything for financial security and this thread makes that clear.

Thankfully OP isn't and trying to be fair taking into account that stbex is a great dad and the kids are close to him too.

RhianFuckingMorris · 20/07/2020 13:05

Another options to buy a smaller home each and maybe convert another room (dining room) into an extra bedroom.if you're really determined to not make the kids share.
I know someone that has made a loft room. They boarded out the attic, added some new insulation and put in velux window and had some plumbing amended to put a radiator up there. It does not meet building regs so isn't a proper loft conversion but us safe and adequate for her eldest teen. The stairs to reach it is a pull down wooden stair thing that's like a ladder but a bit better, but not proper stairs. It cost a around £2k to do. A loft proper conversion could cost alot more.
Because it does not meet building regs it cannot be classed as an extra bedroom if you sell and it won't add lots of value.

2bazookas · 20/07/2020 13:09

Your children ARE going to switch back and forth between 2 homes and at least one parent's home WILL give them very much less space privacy and autonomy that they are used to. They WILL have to share bedrooms in at least one of their homes.

   You have to accept the above and so do they.  Stop burying  your head in the sand. 

 For the truth  about your own  mortgage  options you need to speak to a mortgage LENDER  rather than an "advisor".
AnneOfQueenSables · 20/07/2020 13:09

It seems that the current situation is that you are the primary carer and have worked part-time to facilitate being the primary carer and to facilitate your DH being full-time.
It suits your DH financially and emotionally to ask for 50:50 because it destabilises you and the DCs, it leaves you in a more vulnerable financial position eg you have no claim to the main residence. In his list of priorities, he is putting his pet's need for a home before his DCs' desire to stay in the only home they've ever known.
I think you need to pay for legal advice tbh. You're very at pains to present your ex as reasonable. I'm not sure that he is. And he has no need to be reasonable and you have no right to expect him to be when you are instigating the split.

TheLegendOfZelda · 20/07/2020 13:13

There's quite a lot of schadenfreude as well on this thread. You will have to xyz rubbing hands in glee at the prospect of poverty and sadness after selling the family home etc
That might be how it worked out for some posters, but it doesn't have to be that way. An amicable 'uncoupling' with nesting/variant on, is perfectly possible and I know quite a few people who do it. All versions suggested above, from annexing a room downstairs or in attic, to buying a property, paying mortgage from lodger and jointly sharing other rooms then selling at a profit. With creativity and an amicable split, many things are possible

The one thing I would reconsider is the 5050. How would that look? A week at each? Days? Realistically will the older kids want that?

Nesting is simply inflicting on yourself what others inflict on their kids. Someone has to move every few days. If that sounds awful, why would you put your kids through it?

Ballybeyondthepail · 20/07/2020 13:15

You need to PAY for proper legal advice. Ignore the he works hard and now you want to ditch him and take everything mob. YOU worked hard and looked after kids and went PT, leaving him free to have a FT career.

You both had roles, but yours leaves you financially vulnerable - sort yourself out for the longterm. Keep the house for now for the kids.

NannyOgg66 · 20/07/2020 13:16

Is your marriage completely irretrievable? Have you tried counselling? You may feel better if it does come to a divorce if you know you've tried your very best to work things out before going down that road and all it entails for your family.

theendoftheworldasweknowit · 20/07/2020 13:18

Nesting sounds like a good idea for the kids - it minimises the disruption to them, and given where they are in their schooling, that's a great thing.

However, neither parent will be able to move on. Can you imagine explaining this scenario on a dating app? Exactly.

If the goal is to split up and live happily singly ever after, it works. If the goal is split up, start dating and find another partner - it really sucks.

If it's really, definitely over, I think each adult needs their own home and their own privacy. If the marriage is on the rocks and a trial separation might help the couple find their way back to each other, then nesting might work. But for a permanent break? Tricky.

Alsohuman · 20/07/2020 13:20

@Ballybeyondthepail

'But you’re not living with them, that’s the whole point. You’re in the flat when they’re in the family home and vice versa. You’re never in the same space at the same time.'

Right. But you're sharing the same bed, and washing changing sheets all the time. Their stuff is all over your space. Do they leave cups out? Not load the dishwasher they way you would? are their things strewn about?
Or on top of very thing else do you have to keep the place immaculate all the time?
Those habits that drive you mad, you're going to still have to put up with.
What about when you get a boyfriend or girlfriend, do they come back ?
What about your private papers, docs, letters? What about your vibrator??? Do you each get a locked cupboard?
Do you want your ex in your space, touching your belongings, using your shampoo or whatever?
Where's your privacy?
Who pays for what? Are you going to share food, groceries?
And you're going to do this for how long exactly, 5,7, 10 years?

Seems childish for me, something that would only be suggested by a partner who's nt ready to let go.

You clearly don’t understand anything at all about the concept. Maybe come back when you do.
Nottherealslimshady · 20/07/2020 13:22

Two three bedroom houses is fair. The kids share based on gender is fine. It also allows the kids to be more free with their time spent with either parent. If they have their own space in both houses they can chose their own level of contact and I think it would be more stable than parents swapping houses and house rules changing. Especially the older ones if you live nearby eachother.

OhCaptain · 20/07/2020 13:27

Sorry but you're being ridiculous and childish!

Think this through. You're a bit bored. Get over it! Increase your hours. your kids are plenty old enough for you to be working full-time without worrying about childcare issues.

You want to split when the world economy is absolutely decimated because when you're alone with your dh of 25 years you're bored??

I'm not saying people have to (or should) stay in unhappy situations. But yours doesn't sound all that bad. And you're going to ruin your finances, and blow apart the kids' lives, right now because you're bored? You want to give them less access to their dad because it suits you more, even though he's the one with the flexible job, and you want to put both of you in a worse financial situation - and in worse living conditions - now. At the beginning of a massive recession...

Can't you just find a project or hobby?

Ballybeyondthepail · 20/07/2020 13:27

You clearly don’t understand anything at all about the concept. Maybe come back when you do.

Oh-kay, explain to me then how 2 adults sharing a one bed flat part-time, and the family home part-time manage to keep their lives separate and private from one another while moving on from their relationship as a couple? Including dating other people, you know, as this arrangement is for years not short term?

I know a couple who did this for the 5 months while they sold the family home and the one bed flat they also owned and according to both of them it was pretty awful and not something either could have coped with short term. They both blethered on about privacy, not being able to make a clean break, being stuck still blah blah blah...

Samster45 · 20/07/2020 13:28

Do all 4 of the children need to be in the same place at the same time? It’s just you are going on the assumption that the 4 of them all want to be together with either mum or dad when actually they could rotate 2 in one place and 2 in the other and swap which 2 are together. You could have 2 double bedrooms which can be for 2 girls together and 2 boys together but that doesn’t mean they need to be in there at the same time every week? I would have loved to have some time away from my siblings when we were all teenagers!

OhCaptain · 20/07/2020 13:29

Why not get one of those log cabin things and move out to the back garden, giving yourself some space so you can be bored alone instead of in the house?!

LyingWitchInTheWardrobe · 20/07/2020 13:29

The solution is in the first reply post by differentname; the kids stay in the house and you and your ex husband take turns, OP.

It's not ideal, no. I'm sorry that you're in this situation but that solution is the best for the children and possibly best for both of you too if you have that house as a 'hub' whilst you make your own new lives apart.

Justjoshin22 · 20/07/2020 13:29

@FilthyforFirth totally agree, you’ve hit the nail on the head

tara66 · 20/07/2020 13:31

My son is similar to you but he has managed to re-mortgage the family house which he is paying for and bought his EW a 3 bed flat - also having DC 50% of the time but he now has a huge mortgage. He bought the flat with the mortgage money. The value o the house was about 80% more than what he paid for it.

NeedToKnow101 · 20/07/2020 13:31

I agree that the ideal (unless you decide to try and work things out) is to sell and buy two three-bedroom houses. Much fairer to you both, and it means the children have two good-sized homes still.
As others have said, having to downsize is one of the downsides of divorce. But it's not the end of the world and you can have a fresh start (cliched language-alert!!!).

Namechanged67 · 20/07/2020 13:31

Apologies if already mentioned but I don't think the stbexh is all that great and upfront. Only 25% equity in a large house. The mortgage must be huge! How would op be able to afford to pay all the bills? He also took a year off. What did he live off?? Wanting kids 50/50 whilst a lovely idea, isn't really good for op regarding maintenance. I think she is at risk of being screwed over. I managed to stay in the family home for a few years but the psychological need for a proper split is v high now and I've met someone else. I'll sell next Yr and split 60/40. I was going to find work but now with Covid, not sure that will happen. I think op should bide her time and not make any decisions just yet. Let the kids settle back at school should be the no. 1 priority.

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