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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.

He has suggests I remain in the family home with him paying the mortgage and his name remaining on it.

32 replies

Yuletard · 23/12/2020 13:52

Planning separation from DH. My plan has been to sell the house we own together (we're not married) which will be split 50/50 and me buy a small property for myself and DCs.
I work but I don't have as large a salary as him.
He has made a suggestion that I remain in the family home, his name remains on the mortgage too qnd he pays it (as he does now) as an investment for himself. He will also pay towards any maintenance on the house.
He is then planning on moving in with his brother for 2 years to save for a deposit for a small property of his own.
What are your thoughts?
Is this a wise move?
Obviously, it will be good for DCs to have the consistency of remaining in the family home, but I'm always going to have that feeling that I'm not really "free" of him.

OP posts:
caringcarer · 24/12/2020 13:25

If you believe he will pay half mortgage and half maintenance charges and your children will benefit from being able to stay on their own home, go to their same school and he will pay proper maintenance towards the children's care until they leave education, I would have loved a split like this from my ex husband. Provided he does not just expect to barge in without being invited or reneige on agreement if you, in the future, become involved with a new partner. I would make him sign up to a legal agreement on this. If he agrees to this you could live more comfortably for many years until children leave home. Would he agree to keep paying until either youngest child completes education or mortgage ends at which point you both sell and share money? In the meantime you might be able to save if he is paying half of the mortgage. If he still owns half of the house it is in his interest to keep house well maintained.

WhatKatyDidNxt · 24/12/2020 13:39

It sounds like a mistake. I vote a clean break. I’m sure he’s only suggesting it as he thinks he can get something out of it. I know how hard it was trying to get my ex to do stuff when we were together and both lived there, l would have had little chance after we split.

Hazelnutlatteplease · 24/12/2020 13:40

Check with a solicitor.

I'd worry he would be looking to offset this against Child maintenance. Even he he didn't do this at the start I can't see why he wouldn't be able to change his mind at any point. I wonder if this would give him legal grounds to later claim a bigger proportion of the house/equity as he was solely contributing.

If you ever needed to claim benefits child maintenance is disregarded, this payment may not be.

Redtartanshoes · 25/12/2020 20:51

All fine and well until you meet someone and want to have them stay over... then it would be a disaster. Or he meets someone and wants to buy a house with them and can’t get another mortgage until your house is sold... no no no x100000000

Blendiful · 27/12/2020 12:44

I agree if you can sell and get 50/50 then do that and buy somewhere else. It allows you your own stability.

also whilst this may seem a way off right now what if one of you meets someone else? Will they want to move into a house that he’s paying for, will he ‘allow’ it or kick up a fuss etc.

My new partner didn’t move in until I had took the mortgage not myself and exes name was off it which I thought was sensible.

Iyiyi · 27/12/2020 19:19

My DP continued paying mortgage and jointly owning the family home for a few years after they’d split, and had toyed with doing so long term but it’s really not a great idea - solicitor advised against it, it would have impacted us buying a house and when it came to their legal divorce, it complicated things - personally I also think that if she had ever got a new partner that lived with her, he would have felt differently about paying the mortgage (which he’d paid this far in lieu of paying maintenance which suited them both) - which would have been very unfair to her. In the end, she bought him out.

Livandme · 27/12/2020 20:06

No chance.
My ex wanted to take me off mortgage and stay on it himself whilst letting me and dc stay here.
No way. I think he was going to try use equity in my home to fund himself.
Not a chance.
I'd be very careful

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