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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To buy a house with my partner whose still married?

274 replies

onedaymaybeone · 10/10/2021 09:17

Hi,

I would like some advice please. I'm divorced and have been renting since. I would like to buy a house but cannot raise enough mortgage to buy in the area I live in now and where DP go to school. I would be £35k short on the amount I need to buy in the area. I know I can afford the mortgage repayments as it would be half my rent but I don't earn enough in my own to get the full loan amount required.

My partner has offered to come in on a joint mortgage with me to make up the difference. We would be joint tenants and he would be paying no deposit and would 'own' a minimal percentage of the house. The reason being he is still paying for his previous property which he is not living in whilst he fights for custody of his daughter through court. Due to the complicated nature of the case he can't get divorced yet.

What are people's thoughts on doing this?

OP posts:
1forAll74 · 11/10/2021 01:46

NO, Too risky.

Ericaequites · 11/10/2021 05:18

Just no.

VividGemini · 11/10/2021 05:23

@onedaymaybeone

I would own 75% of the house.
Not as joint tenants
RedHelenB · 11/10/2021 05:33

@Willyoujustbequiet

I don't understand why he cant get divorced due to a custody battle?

Makes no sense.

Exactly. That's one lie he's already telling you. The whole point of " custody battles " is because parents split up and divorce! Even if it were the case ( which it isnt) him buying a house with another woman would technological his chances.
Henio · 11/10/2021 05:57

@SoniaFouler

Haven’t you ever heard the saying “once a cheater, always a cheater?” Do not buy properly with this man.
Where does it say he cheated?
PurpleOkapi · 11/10/2021 06:12

JFC. No.

Coffeey · 11/10/2021 06:15

I would like some advice please speak to a solicitor

AmaryllisNightAndDay · 11/10/2021 09:51

Another waste of time.

Not necessarily, she may be reading but not posting as we're all so much against her idea. And she has said she'll take legal advice. (Hopefully not from someone found or hired by her partner)

MuffinsAreJustCakesAtBreakfast · 11/10/2021 10:53

I can't believe I need to say this - it's obvious. It's a ridiculous idea.

I know you're in love and all that, etc and blah blah blah.... but for goodness sake listen to a legal professional's advice like a responsible adult. Actually listen to it - not hear what you want to hear.

No skin off our noses if you don't - it'll be your problem.

You've been warned.

thenovice · 11/10/2021 17:36

No no no no no!
That would spell disaster.

whittingtonmum · 11/10/2021 17:40

No. Don't do it.

Mummacake · 11/10/2021 17:45

I would speak to a mortgage advisor. Affordability is key in leading from my very limited knowledge, so it's likely that you could find something on your own. Do not buy anything with this man until his financials are completed.

DogInATent · 11/10/2021 18:07

@onedaymaybeone

I would own 75% of the house.
Not if you don't understand the difference between Joint Tenants and Tenants In Common you won't!
CambsAlways · 11/10/2021 18:13

No don’t be silly

shamelesschocaholic · 11/10/2021 18:15

Beneficial interest held as Joint tenants is equal - it’s tenants in common where you can have a deed of trust setting out beneficial interests.

In any event - really bad idea to do this whilst he’s still married

Wineandroses3 · 11/10/2021 18:16

I’m not legally trained but I would have thought if she’s still married to him she would be entitled or have a claim on anything that’s in his name. I’d wait until the divorce is completed and make sure you see the paperwork to prove it.

Mollymoostoo · 11/10/2021 18:22

@onedaymaybeone

It's tricky to give more detail without potentially exposing him or the case.

It's complicated and there is a real fear that if his ex wife is antagonised in any way before the case is agreed it could have detrimental wellbeing on his daughter and/or she could be taken out of the country. This is advice from his solicitor. He has every intention of getting divorced and has been separated for sometime. In addition to above his ex wife has refused to discuss divorce in the past so he would have to wait until she agreed which could be a number of years. There was no cheating.

The mortgage he has with his ex-wife is small so we can more than comfortably secure a new modest house on paper. We would be tenants in common with myself owning the majority of the house as he won't be contributing to the deposit. Once he is financially free then he could pay off a lump sum of the mortgage. We live together now and are very committed to one another. Ideally we would wait to buy a house but that could be several years away when his ex wife has no option but to get divorced.

I have a job that requires me to live in a specific area and this is also where my primary school aged DC go to school so my housing options are very limited. The alternative would be to buy a cheaper house that would need a lot of work. There are no new builds in this area in my price bracket. I don't qualify for help to buy and there are no shared ownership houses.

The total mortgage is more than affordable for me. It would be half my rent. And it would be a cheaper house to run than my current one as it's a 3y new build versus a 1960s with electric heating.

www.mondaq.com/uk/divorce/1112434/no-fault-divorce-qa
THEDEACON · 11/10/2021 18:26

No just no

Bluetitsfly · 11/10/2021 18:27

A no from me

Fairfatandforty · 11/10/2021 18:28

No, no a thousand times NO!!

purplecorkheart · 11/10/2021 18:30

No way. Not till he is divorced. Legal nightmare particularly if something happened to him and he was still married. Trying to get mortgage protection or a mortgage in this circumstance would be pretty much impossible no matter how much money he brings.

Mummacake · 11/10/2021 18:35

a friend had a similar situation to that you describe. Things were not at all what it seemed re: his divorce & finances. He pulled out of the sale on the day-of exchange and left her with all the stress of sorting out the mess he had caused.

Bertiebiscuit · 11/10/2021 18:44

No no thrice no, and I really wonder about the wisdom of your relationship with him anyway, men always lie to their mistress about staying with their wife, get independent legal advice if you must, but even if he got divorced are you sure you will be married soon enough if at all to put joint property on a safe legal footing?????

WakeMeUpin22 · 11/10/2021 18:50

Noooo.

Gigi200764 · 11/10/2021 18:50

Absolutely no
If. Anything happens to,him aypunwould loose your home and be forced to,sell if you could not buy his wife out
Please be cautious