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 .

@Pinksparke

All I will say in defensive of my son is that Sarah still doesn’t work and relies heavily on Bob to ‘cover ‘ things . Certain bills etc . Bob however is the one who always caves in so I can’t blame her for asking when Bob gives .

There is no awful situation and all parties get along - I am just concerned. That is all . Thanks for all of the support . I will make no further comment .

I’d say a sensible thing would be for Sarah’s new partner to contribute financially, maybe in the form of Hal cost of rent.

Really though I think it would have been sensible for this all to have been sorted out at the time of separate, seems like a messy situation.

However if everyone involved is happy then I’d just stay out of it.

Bloody hell! Maybe Bob actually wants his kids to have a roof over their head and not be forced to live in a one-room B and B.
Op you are obviously the new wife. I am a child born of a father and second wife. They shit on the first family financially and my half-siblings lost out big time. I still judge both of my parents for this.

If they weren't married why is his ex gf still in the house he's paying for? If she hasn't been paying the mortgage, isnt even on the mortgage and isn't married she has no claim on that house. She needs to buy a house with her new husband and give bob his house back. Bob sounds like a pushover.

@maddening

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.

Had Sarah paid the deposit and paid of the debts I can assure you in would not be looked at as 'neither here nor there'!

@EatDrinkEatDrink

If they weren't married why is his ex gf still in the house he's paying for? If she hasn't been paying the mortgage, isnt even on the mortgage and isn't married she has no claim on that house. She needs to buy a house with her new husband and give bob his house back. Bob sounds like a pushover.

Why would Bob have no responsibility to house his own kids?

@RoyalFamilyFan

Bloody hell! Maybe Bob actually wants his kids to have a roof over their head and not be forced to live in a one-room B and B. Op you are obviously the new wife. I am a child born of a father and second wife. They shit on the first family financially and my half-siblings lost out big time. I still judge both of my parents for this.

Not obvious that OP is the new wife.

Very obvious that you haven't read the thread.

Bob should sell the house, keep deposit + credit card debt, then split the remainder 50%.
ASAP!!!!

This is exactly what I would say to Bob. Time for Sarah to get a job and for her and Bungalow Bill to fund their own accommodation.

This is Bob’s mum.

Bob’s mum needs to butt out and remember Bob made his own decisions and be proud he wants to do the best for his children.

Judging from that she wouldn’t be owed half of his house and it was his and he paid solely for it however I think he could be decent and give her a percentage of it.

Sarah is essentially squatting in a house she doesn't own and has no right to occupy. Bob needs to see a solicitor.

@TheGoldenWolfFleece

Sarah is essentially squatting in a house she doesn't own and has no right to occupy. Bob needs to see a solicitor.

Bob's children live there. Are they squatting too? As their parent, Bob is equally responsible with Sarah for housing them.

@Pinksparke

Bob will continue to pay child maintenance, school and uniform , pocket money and pay for a holiday for the children at least once a year. Bob also always is the one to pay for laptop , phone contracts and school trips .

Bob should always pay maintenance whether Sarah remarries or not.

Tell Bob to get legal advice.

It is commendable of him that he has had this arrangement in order to benefit the children. However, it is completely unreasonable to expect him to fund another man's children's rent!

I think you are rightly concerned as his mum OP. I would be too.

When Sarah marries or new bf moves in bob is free. Depends if this agreement was legally binding mesher order.

I meant free from mortgage not free free. As in Nothing to pay. His children still need maintenance obviously

Bob obviously does still need to continue paying the mortgage while it exists because it’s in his name. To not pay it would mean he goes into default and the debt would never fall to Sarah or her new man.

He should draft them up a rental agreement and get a consent to lease from his lender.
If they are not willing then he should sell it at which point he would need to be prepared for Sarah to stake a beneficial interest in the property and he’ll have to pay her something

Bob is getting stitched up and needs a good solicitor.

There is no mersher order. They weren't married. Sarah is taking the piss really.

If Sarah wants to remain in the home then Bob needs to sell her the house which her and her new partner get a mortgage to do so. If he think Sarah should have 50% then I would seriously consider Bob takes of his inheritance and half the debt then give her back what's left.

Or he sells to someone else and gives her share after inheritance and debt is deducted.

Time for Sarah to get a job and stop being a freeloader.

Sarah needs to move out of bobs house and support herself with income and maintenance. She's moving in with a new partner so they need to figure out what they can afford.

Ugh, like all the best parking threads, this complexity needs a diagram.

I think Sarah is taking the piss, because Bob has allowed it. Bob needs legal advice, and he needs to protect his assets. Sarah needs a job by the sounds of it, or needs to agree with her new partner that he’s happy to take over her care from Bob.

May have been mentioned, but if this is in the UK and if Bob hasn't been living there for a long while, he may well get taxed on any increase in value of the property if it were to be sold as he would no longer have principal private residence relief against capital gains tax. He needs good legal and tax advice.

‘ Bob respects that Sarah is the primary caregiver and has always looked after the children whilst he went to work to earn the money to pay the mortgage - so he believes she is entitled to half of the house .’

Bob has generously supported his children by providing them with a good roof over their heads, he has gone above & beyond what is required to provide for his children. Once they have split, he iis not obliged to support Sarah & she chooses not to work. Should one of the children have a condition that bars Sarah from working to be economically independent, then that would be different. Sarah will have received child benefit, any benefit due to mothers at home with children under the age of x - she has not been without income. Sell that house now & split half to Bob & half to the children to be held in trust - obviously specialist legal advice required - so that they are housed.

Did Bob do Sarah some wrong & he have been overly generous as a result?

Both Bob & Sarah need to wise up about this situation. At the moment, any sense of security is resting upon shifting sands.

If Bob were to die suddenly intestate, his whole estate would go to Mrs Bob & she could take ownership & dispose of as she pleases.

If Bob wishes to protect all of his children, he needs to see a lawyer now.

Sarah’s new fella - he’s looking for a free ride or what? Why should Bob work so that he has a roof over his head & his son lives in a rentable property free. They are taking the piss out of Bob.

People either don't read, or have poor comprehension skills.

BOB WANTS TO GIVE SARAH HALF THE VALUE OF THE HOUSE

Bob's mum doesn't think he should.