To expect my ex to let us stay in the house

[Lmox]

im in the middle of going through a nasty divorce. I can’t afford to buy my ex out of his share of the house so plan was for him to buy me out and keep the house. Because I’m only working part time, even with the equity from the house as a deposit, I can’t get much of a mortgage. I’d need to move into somewhere quite run down and further outside the city. My one year old has complex medical needs and it would mean him having to change doctors and nurseries. His current nursery are aware of his needs and trained on his epilepsy care plan etc.

whenever I tell people about this situation they think I’m crazy and have said that I shouldn’t be leaving the house. That ex should be expected to let me stay even if I can’t buy him out. Are they right? Has anyone else been through a situation similar and what did you do? Would it be possible for me to take over the mortgage payments with a view to selling when our son was older?

I don’t think this would go down well with him and I think he’d flat out refuse to leave. Any advice appreciated. I don’t have any family in England to go stay with and I’m stressed about having to manage all this on top of my son’s medical needs.

If you can manage the payments on your own then yes a court will certainly consider it.

Your ex has a right to be housed but that does not mean a right to buy a house. The court will consider the needs of the child.

You can apply to have his name removed from the mortgage and put in your sole name. If you have paperwork to prove you've been paying then both the court and existing mortgage company can look on this favourably.

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your ex saying he earns 12k is a huge huge piece of info. The courts will not permit it as he needs to be able to house himself. You’d be the higher earner. Unless you can prove he’s lying about his income, the answer would be no.

I agree with others that you should speak to a solicitor. Is it really affordable for you to remain there? You can pay the current mortgage alone but ex is paying half of all bills. Will you be able to pay everything yourself going forward, even with child maintenance. 100k a year income isn’t actually that high when you consider that your staying in the home will mean his equity is tied up for 17 years. He will also have maintenance to pay and his own housing needs. Plus he is only declaring 12k a year income.

God, no advice, but what an absolutely disgusting excuse for a father this ‘man’ is. Congrats on getting shot of him.

Child maintenance is calculated on all taxable income. He may pay himself £12k, but he must take dividends to top up his income. As such, that is the amount upon which CM is calculated. Speak to a solicitor asap.

There is no mist about it, as you pay tax on dividends, which is now down to 500 quid tax free this year. So this would be counted as earnings.

i am unsure how he can hide earnings of 100k, and am not sure the op isn’t confused with earnings and business revenue to be honest.

ie the business takes in 100k, of which it then pays all expenses, ie premises, materials, vans, petrol, utilities, the lot, and then tax, and then holding cash flow, and his salary of 12k as well as anyone else being paid, be it an accountant or a cleaner.

Yes, he should also explain to the court how he will be able to afford to pay the mortgage on his own on his 12k salary.