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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Has anyone..

7 replies

TiggersLikeToBounce · 29/08/2017 00:23

Offered an option of no child maintenace in turn for the family home?

My husband and I separated in May. I've been a SAHM for 4 years (our girls are nearly 4) and I am currently looking for a full time job.
I think I could just about manage all the costs of living on my own, but I could not afford to give my husband a lumb sum of the equity to buy him out.
However, if he did not pay maintenace over the 13 years it adds up to the same amount.
Has anyone any experience of this arrangement?

TIA

OP posts:
Sarikiz · 29/08/2017 07:01

You need to take legal advice on this and other matters.
The child maintenance cannot be used to offset you buying your husband out of the house.

MilkTwoSugarsThanks · 29/08/2017 07:06

It would be difficult. CM is usually a percentage of income and as your calculations are obviously based on what he earns now there is no allowance for any fluctuations in that. After all, he could lose his job next week.

meditrina · 29/08/2017 07:22

Yes you need to see a solicitor and talk about all aspects of the financial settlement.

This may well be a very poor deal for you - because it does not seem to be looking at assets in the round (value of pensions etc). And it's certainly a bad deal from his POV as there is no way to cancel someone's obligations to maintain their DC, and that would usually mean ongoing maintenance not a lump sum.

TiggersLikeToBounce · 29/08/2017 08:40

Thank you for the advice and different impartial views. Sometimes you can't see clearly in desperation.
I think on reflection it is a bad idea. I will have to think up something else

OP posts:
MrsBertBibby · 29/08/2017 08:46

It's fairly common for his to have a charge on the house, so he gets a percentage of the equity when the children are grown up.

meditrina · 29/08/2017 09:01

That might work, but there are still things to be considered - can he afford to live nearby in a property into which all the DC will fit without taking his share if the equity now? Wouid OP be able to buy out his stake in 13 years time? Does she actually want to continue to be financially tied to this man?

TiggersLikeToBounce · 29/08/2017 17:26

I have made an appointment to see a solicitor next week. It's a free 30mins session.
I would rather cut all financial obligation, as for me I just don't want to be tied to him other than the children of course.
Got a few job interviews next week so that's positive.
I think I just need to come to the realisation that our home will need to be sold.

OP posts:
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