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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.

Can he make me sell

44 replies

Mummypopsxx · 31/10/2021 07:30

Hi, l am getting divorced and live alone with our 15 year old son. The house is mortgage free and jointly owned with my soon to be ex. He wants me to sell and give him half the money so he can buy a place with his new girlfriend. Do l have the right to stay here until my son is 18 and completes college? I would be grateful for any advice.
Thank you.

OP posts:
HELPNEEDHELP12398765 · 31/10/2021 09:32

From what I understand, courts prefer a clean break which means selling the house if you can't afford to buy him out. Would you have enough money after selling the house to buy somewhere smaller outright or with a mortgage?

Soontobe60 · 31/10/2021 09:34

[quote TheReluctantPhoenix]@Bluntness100 and@Soontobe60,

Housing a child does not entail remaining in a hone big enough for a full family.

The sensible solution is to downsize.

Most who try to remain in large family homes do it for themselves, even though they may justify it otherwise. It is selfish.[/quote]
I don’t disagree - but as neither of us know the circumstances as to why someone was allowed to remain in the family home (which may only be a 2up 2 down terrace) until their child (who may be disabled / have mental health problems / be studying full time) is 20, your assumption that the house is a large family home and the woman is therefore selfish holds no water I’m afraid.

Soontobe60 · 31/10/2021 09:36

@Newwifeatnumber10

Yes *@Bluntness100* seriously! She refused to divorce unless he agreed. Blackmail and the knowledge that he’s the better person and it’s a cost to get rid of her.
Why did he not just wait 2 years and divorce her? Why are you relying on him to buy your own house?
neededafart · 31/10/2021 09:41

Courts prefer clean break order. Particularly with the age of your son.

Your options really are
sell and downsize.
Get a mortgage for the 50% and buy him out.

Newwifeatnumber10 · 31/10/2021 09:44

@Bluntness100 you clearly know my situation better than I do. Well done.

Newwifeatnumber10 · 31/10/2021 09:47

@Soontobe60 it’s five years If one party doesn’t agree and I’m not waiting for him to buy our new home. I have my own home and when he eventually receives his share we will sell mine and buy jointly. That was a bit of an assumption on your behalf to assume I’m a poor woman who needs keeping by my husband.

Newwifeatnumber10 · 31/10/2021 09:49

Oh and just to be clear the child who will be 20 has no disabilities or additional needs other than a mother who is the very lowest in society.

LemonTT · 31/10/2021 09:51

@Cupcakegirl13

Yes legally you can stay there until your son is 18.
No she can’t.
Almostwelsh · 31/10/2021 09:52

Irrespective of what people on here say, the answer is - it depends on circumstances. For example, if he has a hefty pension and you don't, you might get a lot more than 50% of the house to even things up.

If the house is a 2 bedroomed terrace, the answer may be different from if it were a 5 bedroomed executive home.

It can vary a lot. You need to speak to a solicitor giving all your financial details and his as far as you know them.

Soontobe60 · 31/10/2021 10:04

[quote Newwifeatnumber10]@Soontobe60 it’s five years If one party doesn’t agree and I’m not waiting for him to buy our new home. I have my own home and when he eventually receives his share we will sell mine and buy jointly. That was a bit of an assumption on your behalf to assume I’m a poor woman who needs keeping by my husband.[/quote]
It stops us being able to buy our own place

Your literal words. Surely if he’s your husband he’s living in the same house as you? Why would you need to buy a new house?

Soontobe60 · 31/10/2021 10:05

@Newwifeatnumber10

Oh and just to be clear the child who will be 20 has no disabilities or additional needs other than a mother who is the very lowest in society.
🤣🤣🤣🤣
RacketeerRalph · 31/10/2021 10:48

Can you remain in an area which allows your son to remain at the same college/ school if you sold?

If you can, then I've been your son. And honestly knowing my parents were arguing over whether (we the kids) remained in the old house far outweighed the benefits of actually staying there. And my parents DID NOT argue or discuss it in front of us, but we still knew.

Newwifeatnumber10 · 31/10/2021 11:07

@Soontobe60
No he doesn’t live in the same house as me! He is very much my husband but we don’t live together! Perhaps you should open your restricted mind before making such swooping assumptions.

Soontobe60 · 31/10/2021 11:58

[quote Newwifeatnumber10]@Soontobe60
No he doesn’t live in the same house as me! He is very much my husband but we don’t live together! Perhaps you should open your restricted mind before making such swooping assumptions.[/quote]
Hahaha hands up everyone who thinks that assuming a husband and wife live in the same house is a sweeping statement.
You’re bonkers!

Nyxs · 31/10/2021 12:08

Yeah I think its a safe assumption that someone who is married lives with the person you are married to.

Especially, since you say you want to buy somewhere together. That suggests you aren't a couple who has decided to remain living apart.

I think most people would find it unusual you want to live together, hot married but don't live together.

Mummypopsxx · 31/10/2021 14:39

Interesting comments from newwife@numberten. The new person really shouldn’t go about making out the ex wife and mother of your new boyfriend’s children is the spawn of the devil. Everyone knows he loved her once so she can’t be that bad, she needs to protect the roof over her children’s head and there will be another side. It’s just silly to assert otherwise.

OP posts:
Newwifeatnumber10 · 31/10/2021 19:40

@Soontobe60 I’m bonkers but I’m not the one making repeated incorrect assumptions and being rude with it.

Soontobe60 · 31/10/2021 21:58

Oh dear…

Motherlandismylife · 03/11/2021 17:07

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The OP has now deregistered, as they have privacy concerns. We have agreed to take this down at their request.

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