Selling the family home- who gets what. Please help !

[Pinksparke]

Bob was with Sarah for 15 years . They have two children . They lived together in a big family home . Bob left when they split . The mortgage is in Bob’s name . Bob pays the mortgage .

Bob lives with his wife in their house with their son . Bob and wife pay the mortgage here . It is a financial struggle .

Sarah lives in the family home with Sarah and Bob’s children . Sarah is getting married and her new partner is moving in. Sarah’s partner is mortgage free ( he has a bungalow ) he will rent this to his son now that he is living in Bob and Sarah’s home .

Sarah wants half of the house when Bob sells it. Bob is happy to do this however Bob paid the deposit for the house from inheritance and is paying off £25k credit cards that Sarah and Bob racked up.

Should Bob still pay the mortgage when Sarah’s partner moves in?
Legally, does Bob have to wait until their youngest child is 18 before he can sell the family home ? Should Bob take off the deposit and half of credit card debit before he splits the profit from the house sale with Sarah ?
Legally does Bob have to give Sarah half ?

Bob pays the legal amount of child support and uniforms , shoes and extras . Kids stay with Bob 2 nights a week.

For clarification they were never married and house is solely in Bob’s name .

Sarah’s new partner will rent his bungalow to his son rent free *

I'd say that Sarah needs to book an appointment with a solicitor

@PearlD

I'd say that Sarah needs to book an appointment with a solicitor

I would say that Bob does too.

I’d say Sarah is taking the piss

If house is solely in Bobs name and they are not married why on earth is he still paying for it? He should have sold it when they split.

Are you bobs new gf per chance?

Nobody should do anything without seeing a solicitor (hi Bob's wife!)

If Sarah and Bob were never married and the mortgage is in Bob's name, afaik (not a lawyer) Sarah is not entitled to anything from the house? But yes, they need proper legal advice

The only thing I can say for sure is that Bob should not be paying the mortgage on a house that Sarah’s new partner moves into while he rents his house out. Otherwise Bob is essentially subbing his ex’s new partner’s son with free rent!!

Sarah and Bob need to sever their financial ties if they’ve both moved on to new partners. The old arrangement worked when Sarah was a single mum and Bob was keeping a roof over his DCs heads.

I was Sarah. I never moved my DP in so my ex is still on my mortgage (although I pay it, my earnings aren’t high enough to actually get a mortgage, so he’s only on it in name really). Had I ever moved my DP into my home I would not have expected my ex to remain on it, much less pay for it, so that DP’s kids could get a free ride.

? If they are not married, then the house should be sold. Surely Sarah should be organising her own accommodation.

Sell it and split 50 50 imo, they were together 15 years, deposit and paying off joint unsec debt is neither here nor there after 15 years.

Bob should not be paying mortgage once the new chap moves in though, surely better to sell and split before.

Sounds like Bob's being taken for a ride!

Legally, Bob only needs to offer CMS. If they weren't married and Sarah wasn't on the deeds then more fool her.

If they were never married and she never paid towards the mortgage she'd be lucky to be entitled to anything if they went down the legal route. If she did get anything, I doubt it would be anywhere near half.

If I was Sarah I would bite Bob's hand off at the offer of 50:50 and him keeping his deposit plus debts coming from your half.

Oh and if you're Bob, you should get some legal advice. It will save you money in the long run.

Or, if Sarah remains there, she is effectively renting Bob's house, so she should pay him rent.

Bob should be more careful with his knob.

Why has he made even more children if he is struggling?

Bob needs to speak to a solicitor

If they weren't married then sarah is Bob's tenant however if she has been contributing towards the mortgage for years then she will be entitled legally to some equity.

Bob needs to speak to a solicitor. His obligations to his kids and ex are not changed legally by someone financially stable living in the house.

It's all quite messy and he should get legal advice asap. I'd say he should try and cut ties financially ie sell the property and either agree a lump sum payment to his ex if he is obliged to or otherwise help her with a rental deposit and pay more than the minimum child maintenance so that his children can live somewhere decent

Bob sell his house and take the money. Offer to sell it to Sarah first.

Sarah is taking the piss massively. She is not entitled to a penny and Bob should have sold the house when he moved out (or charged her market rent to live there).

Bob should sell the house now, keeping the money. He should also demand half of the credit card debt.

Overall Sarah owes Bob 12.5K.

I think Bob in particular needs to get some legal advice.

Oh dear Silly Sarah and Poor Bob!

Whether or not she is entitled to anything does depend on where in the UK you are. The law in Scotland does provide for some rights for cohabiting couples.

And this is why judges like a clean break when deciding. Sarah is slightly on back foot as they weren’t married and isn’t on deeds/mortgage.

The house needs to be sold or Bob pay what is needed to Sarah and move back in. Or Sarah and her new partner buy the house and pay Bob what is owned.

Both parties need to seek solicitor to ensure that a clean break for all.

When I separated all joint debts where paid before split of finances. Which surprised my ex when he had went out and brought a motorbike and thought that would be paid off by the joint funds.

CMS & access is separate to the above and would be dealt separately ( & you mention access & CNS is paid/sorted)