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 .

As per a PP- Bob wants to give Sarah half the equity, Sarah wants half the equity - what’s the problem? Legally it might not be what she’s entitled to but as long as Sarah and Bob agree it’s ok.

Or Sarah gets half the equity minus the mortgage payments from the time they split up.

Legal advice

Bob is being a taken for a mug, and apparently going along with it willingly.
Why on earth did Bob and Sarah not sort this out before Bob went off any married someone else? I’m assuming this person is the op, who was an absolute idiot for marrying with such a weird set up.

It’s his house, legally Sarah has no entitlement at all as they were never married. Morally he may want to provide more money for his children in the form of extra child support if he can afford it, but it’s up to Sarah to sort her own shit out.

@Ohbotherpiglet

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.

Is it possible he feels responsible for the split? I know it wouldn't affect the legal position, but could explain how the situation arose.

Why is everyone slagging off Sarah???

What Bob and Sarah want is the SAME THING.

They chose not to have legal protections of marriage, so reap the consequences of that choice.

Sarah is a pisstaker.
Bob owns and pays for the house. She needs to move out or sign a rental agreement and start paying for it. Good grief.

Poor Bob is being taken for a mug

What an absolute pisstaker, yes, agreeing with her ex on splitting the children's home.

Good grief 🙄

We've only got Bob's side of this. I wonder why the marriage ended. I wonder why there is so much emphasis on Bob working ? It stinks a bit of rotten egg

Bob sounds lovely.

Can bob pay mortgage until DCs are passed vital school years then deduct this total amount from her half of money when house sold.

I think Bob has behaved very responsibly towards Sarah but the situation has now changed. Splitting the house 50/50 sounds a good solution all round - hopefully Sarah and new husband to be can afford to buy him out and keep the house.

Just because unmarried couples don't have the same rights in a split doesn't mean you can't do things this way. Good for Bob.

@DillonPanthersTexas

What about Rita and Sue?

@DillonPanthersTexas 😂😂😂

Sarah and Bob should stop trying to get free legal advice on MN.

Sarah and Bob need to go to see a solicitor.

Bob has been a bit of a dick not making a legal arrangement re mortgage , house etc when he first left . Men sometimes are like this when they feel very guilty. Were you the one he left for @Pinksparke? Some women love to sting their exes too financially especially if there was an OW involved . Solicitor needed for both .

Bob should marry Bungalow Bill.

@mocktail

I think Bob has behaved very responsibly towards Sarah but the situation has now changed. Splitting the house 50/50 sounds a good solution all round - hopefully Sarah and new husband to be can afford to buy him out and keep the house.

Just because unmarried couples don't have the same rights in a split doesn't mean you can't do things this way. Good for Bob.

Exactly.

Is there the possibility of Bungalow Boy using the proceeds of his sale to buy Bob's half of the house?

This is Bob’s mum.
I am concerned for my son . No affair took place at all . The reason why the house wasn’t sold is that Sarah could never have afforded a home for the children which would have been more than a 2 bed flat and Bob would hate that for his children .

I believe everyone is entitled to move on . Bob is and so is Sarah but I believe if Bob doesn’t sell his house - Bob , his wife and new son will really struggle .

Butt out Bob's mum

They are in agreement. Why do you want to rock that?

Bob should not allow the new partner to move into the house and if he does should charge him rent

Bob's a fool.

Sarah and new bloke should live in his bungalow (if it's big enough for the kids too). Or find a new place. After all, they will be a married couple, no need to leech off Bob.

Bob should sell his house. He can then do what he wants with the money with his new family. He should then give decent child maintenance to Sarah for their kids.

Bob needs sense talking to him. Glad you’re doing it. Sarah needs to support herself, they’re her kids too.

I think he has given enough because he has paid more than cms deem appropriate for his wage/time he has the kids as he has allowed her to live rent free - the cms would usually contribute to rent and she may have got housing benefit.
If I was as nice as Bob, I would have the house valued, worn out the equity, minus my deposit and the credit card debt and then give her a share of what’s left so that she can set the kids up comfortably somewhere else, not a big share though as the money she’s saved over the years would be her share. She could have been chipping away at the credit cards while Bob kept her housed.
It sounds like the kids are in exam years now at school so she has been able to work for a few years, even on a low wage, being rent free would increase her disposable income.

It's Bob's House. He should tell Sarah that the new bloke is NOT allowed to move in.

Get the estate agents round. See a solicitor.