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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.

Ex wife about to have another baby and living in my husbands house

174 replies

ChloeBed · 29/06/2022 00:02

Hi All
I am looking for some thoughts on this matter, abd I appreciate this may divide opinions, but I am genuinely keen to learn from men and women on their thoughts.

my husbands ex wife is pregnant (this is a very surprise situation), my husband and his EW have 3 amazing children together, none of which are to be honest thrilled about a new baby in their lives, which I get at their ages (they are teenagers).
the legal agreement that my husband has with his ex is that he continues to pay the mortgage on their house until their youngest reaches 18, he also obviously pays CM. We are really involved in the 3 Childrens lives, see them regularly, have daily contact, they are great children etc.. you get the picture. So life was pretty settled, until this bombshell was announced.
on legal advice their agreement is that whilst my husband owns the house and pays the mortgage nobody else can live in the property. This was advised because the mortgage company would not permit another adult living there without more legal costs, deeds if trusts etc. My understanding is that everyone thought this was fair as my husband was paying the mortgage. EW has always been allowed partners to stay, which they have and nobody has says anything - I say this as this was not done as a controlling thing, purely practical from a legal perspective. Obviously, my husbands ex wife is now considering, understandably, moving her new partner in, and we just have a rollercoaster of emotions of what is best to do, first for the children but also financially- because let’s face it his has an impact on the children! My husband has mixed feelings about this. He is happy for her to move on, but feels he shouldn’t be paying an entire mortgage for another guys child and her new guy? When he thinks he gets his head around this, he worries that the house is not big enough anyway, and definitely at least one of his children will have to share a room (2 already do) and none of them are thrilled by this (they are all teenagers, doing exams etc ). However, if he sticks to the legal agreement and ‘allows’ her new partner to move in, this undermines the legal agreement and leaves him vulnerable legally.
Wortg noting my husband will be in for capital gains tax when they do sell, as he has not lived at the property for several years!
EW response is that if my husband ‘forces the sale of the property’ (which I feel is a little unfair as he has totally done all he could, and more and force is not the right word, as this was an agreement she was happy with for several years) then she will have to move far away with all the children to afford a new place.
worth noting that my husband does not contribute towards my house which he lives in, as he cannot afford to whilst paying the mortgage on his former home. We are fine with this, as it feels the right thing to do even though legally he was advised he did not have to when they separated. But we get by, it felt right, we don’t have much left over every month (if anything!) and so it feels if I am honest a little unfair that we are subsidising a new baby and her partner that are not part of this ‘blended family unit’- new partner appears to have no property. I’m trying to judge, but I also understand he has a few (we believe 3 or 4?) children from previous relationship(s) that he sees only ad-hoc.
long post- apologies but I want to give a balanced perspective.
what are peoples views, should my husband stick with the legal advice triggering rather than forcing the sale of the property (If they admit to moving in together?) based on the fact this protects his position, and the house is not suitable for their needs? Or is there another solution that could protect financial interests but let them live in the property (although we know the children are not keen on this anyway!).
Tge property is my husbands, although he has agreed to 50% going to his ex on sale (they were not actually married so he was advised he did not have to offer 50%, but felt that he wanted to as he wanted her to be ultimately rehoused somewhere where his children would still be able to live or visit even as adults - as who can afford a house or to move out at 18 anyway!

I know I shouldn’t feel like this, as everyone has a right to their life, but I feel so sorry for my husband as he’s a good man, he’s always wanted to do the right thing by everyone. We have made huge sacrifices in our relationship too, including not having a family of our own for financial reasons to allow his children and their Mum to live conformably… and all was so well…it feels incredibly selfish of his ex to have a baby (and I know I sound selfish saying that too!) but it has affected so many lives, mainly the children, who I adore and I really am worried seeing them like this and just unsure of what their new family life will be like.
Finally to add, we are happy to offer the children a home with us. But are not going down this route as that feels a little like emotional blackmail too, although I feel this is what she is doing by suggesting she may move away. My husband and I have both agreed that this not the time to enter this into the discussion, as it will just sound like a counter threat (even though it is not!) and we are keen to resolve amicably and practically. Thanks for reading!

OP posts:
Monty27 · 29/06/2022 04:21

mathanxiety · 29/06/2022 04:12

Accepting rent from the new man gives him tenant or lodger rights. He could stay and make everyone's life hell,, including the children's, if the relationship goes tits up.

You and your DP need to run, not walk, to a solicitor.

The EW needs to either piss or get off the pot - new guy needs to stay in his own home and she moves in with him there, house is sold, kids either move with mum or move in with you. Or she and existing kids and baby stay in house and new guy stays where he is. Your DP should under ko circumstances pay a mortgage with new guy resident in the house. If new guy can buy out your DP then well and good. Get an appraiser in. Take the money.

Most disposal of property clauses in separation agreements include a stipulation that in the event of a remarriage or new permanent live-in relationship, the property must be disposed of and marital debt paid off.

Your DP needs to be assertive here. He can stick to the 50/50 arrangement on the equity, but allowing someone new to insert himself into a house he pays the mortgage for, where his children Re living and studying for exams, is allowing himself and his children to be walked on.

Get to a solicitor ASAP. Be prepared to face choices that will make your DP feel uncomfortable and to choose the option that safeguards his money and his children's security.

Absolutely this OP. Your DH can't be paying for a cock lodger in the home he's paying for. I hope his ex wife agrees and fairness prevails. Also dignity and humility on the part of new partner.
He will after all be sharing with your children. Good luck 🤞

StanleyBostitch · 29/06/2022 04:25

You need to get some legal advice as the ex-wife has significantly altered the status quo by getting pregnant and deciding that her new partner should move in with her. Those are absolutely decisions that she is entitled to make, but they also result in a change to the legal arrangements made when she separated from your DH. You're not forcing anything, she is. See and solicitor, find out what your options are and move on from there. For what it's worth, the teenaged children should be given the opportunity to decide who they want to live with.

yepmetooo · 29/06/2022 04:39

If ex wife doesn't want to move I'd say get legal advice (ex wife pays) look for a way new partner can move in and contribute without it impacting on dh.

RubricEnemy · 29/06/2022 04:49

It's time to sell the old marital home and for everyone to move on. The current arrangement does not allow exw to have a new romantic relationship without losing her home, which is not a nice trap to live in. Her life has already outgrown the arrangement.

Exw will have 50% of the equity to pay into a new place. The dc need to be properly housed as a priority, in her new home, or in yours - somewhere that will not affect their schooling.

2SugarsLoadsaMilk · 29/06/2022 04:52

Just to forewarn you as we had a v similar situation. Dp's ex then refused to sell the home when dp's youngest turned 18 and it's now had to go legal which is taking years.

It is definitely better to sort it now than wait if you can!

blisstwins · 29/06/2022 04:58

Stripyhoglets1 · 29/06/2022 00:30

I think he should protect himself and bring the arrangement to an end.
New partner can contribute towards the ex getting a mortgage to buy your DH 50% out.
If they say they will move away and kids don't want to move schools they will be able to move in with you.
She should have thought of the consequences before getting pregnant and planning on still being g supported by her ex instead of her new partner! .

Unfortunately I agree.

TheTeenageYears · 29/06/2022 05:40

DH was incredibly generous, as have you been to underwrite his ability to be generous. He presumably did that in order to keep the status quo for his children. Regardless of new partner moving in or not the status quo is being upset by the ex so that's her doing not DH's. There is zero point in continuing as you are, making sacrifices for others to take the piss. You don't need to say anything about the possibility of DC coming to live with you at the moment, you can do that if and when the ex actually tries to move away once the house is sold. DH should only provide suitable solutions to issues affecting his DC and not the ex or new partner. He can do that if ex carries out threat to move away by having the DC move in with you.

Monty27 · 29/06/2022 05:55

blisstwins · 29/06/2022 04:58

Unfortunately I agree.

Absolutely this. Ex wife needs to be responsible for her "new" family arrangements. Get out of this financial arrangement asap. OP I'd end up walking if it were me as on some level you're paying for it too.
Tell your partner to sort it.

kateandme · 29/06/2022 05:59

Any not making changes your making everyone unsafe yourself and the kids both mentally and emotionally.sorry you dp needs to start standing up for his new family ( why the fuck have you not had kids for there financial needs!)and his kids future.his ex is NOT his problem.i get he wanted to sort the house for his children initially .but your way beyond that now.
Would the kids like to live with you?even 50/50.are they old enough teens where they actually need to be part of this discussion.
Ex dp needs to step the f up.sorry.not having the money is tough shit.then they have to move to a 1 bed flat with their means.unless he pays his way as a equal way to how your dp is for his kids.

Minnieboat · 29/06/2022 06:02

I think in the long term this situation can only lead to resentment. Once his youngest child reaches 18 he has the right and should follow through on legally selling the property. EW should understand.

Longdistance · 29/06/2022 06:17

Both the exw and the new dp are taking the piss. The dp thinks he can ponce off the exh by living in the house. He’s unreliable with his 4 kids, so whether he lasts or not is another story.
if I was your dh I would be seeking legal advice now, before the baby arrives and the dp moves in.

Penguinsaregreat · 29/06/2022 06:19

I agree that the house either needs selling, ex and her dp can buy it or sell to someone else. Kids can then either move in with you or go with mum.

Soontobe60 · 29/06/2022 06:24

Simple solution - sell the house, sell your house and children move in with you in a new house that you buy together. They are old enough to make their own decisions as to where they live.

GetThatHelmetOn · 29/06/2022 06:37

SkeletonFight · 29/06/2022 01:13

I agree - his ex is taking the piss here.

I also agree with this. Alternatively, she can just not move the new partner in but if she dies, it definitely needs to go back to court so the arrangement ends or is modified.

When are the kids doing exams? Next year? If so, I would take it to court as soon as they complete the exams.

Mummyoflittledragon · 29/06/2022 06:37

Can your dh afford to remortgage the property and effectively buy her out? The two of you could then move into the house for the duration with the teens and rent your house out (if it’s smaller). This would possibly prove the least disruptive. His ex could then buy a cheaper property or rent using the funds. This would also reduce your dh’s capital gains tax bill. But you’d need a financial buffer and insurance if you became landlords.

Your dh has gone above and beyond for his ex and his children. This is a step too far and he’s setting himself up for a major headache. If she doesn’t agree to a decent offer, does your dh have recourse and could he renege on the agreement of 50%, whereby giving her a lesser percentage? No way should he be housing another man and his dc for free.

As for maintenance, bearing in mind he pays for the accommodation, does your dh need to pay on top. He could stop or reduce this by way of ‘rent’ if she won’t move out and he doesn’t want to push for sale or buy her out.

Being a landlord myself, I wouldn’t let this man move in. Idk the law surrounding this. If it were a tenancy, he’d be a permitted occupier. This is someone, who who has no legal right to stay but the tenant has moved in and must leave once the tenant moves out. But you still have to apply for a possession order through the courts to make this happen.

WalkerWalking · 29/06/2022 06:41

I get that the EW can't manage the mortgage on her own, but is she not on the deeds? If she was living there when they were married, surely it's "their" house not "his" house? And if she's been living in it all this time, there shouldn't be capital gains tax?

Anyway, the current agreement has worked well for several years, but it's not appropriate any more. They should sell the house (maybe new partner could buy your partner out?) split the proceeds however was agreed in the divorce, and children can choose where to live.

WindyKnickers · 29/06/2022 06:45

Agree with everyone else - your DH needs legal advice. If I were you I'd want him to sever all of his financial ties to his ex now she has changed the goalposts and find a way to do this that caused as little disruption to everyone as possible.

Thursday37 · 29/06/2022 06:48

Your post is very confusing as you’ve called her the ex wife and then said they weren’t married. People are commenting based on her being an ex wife, not ex partner.
He should seek legal advice, but ultimately force the sale. She can’t just move miles away, he can take her to court to prevent this, and the children are old enough to get a say.

Crazyhousewife · 29/06/2022 06:56

He needs to end the arrangement. His ex wife has now gone from financially unstable and this helping the children to now having dp to help with financial costs. She is going to walk away with half of the costs for a house so they could use that for a deposit for one with her dp. It seems like blackmail her saying she would have to move far away. This could turn nasty further down the road.

ladydoris · 29/06/2022 06:57

GO to your sollicitor. You cannot be nice, you have to prioritize the children wellbeing and at the same time secure the house, at the end of the day through their father the children benefit not through new partner. He can be a permanent fixture, he can be gone tomorrow, nobody cares. You have little time before you. I hope it get resolved. It's like a cuckoo's nest situation waiting to happen.

ColouringPencils · 29/06/2022 06:58

What is the ex wife's proposed solution? Does she work?

Diverseopinions · 29/06/2022 06:58

If the partner has children - presumably, in the area - is he going to want to move away, with DH ex.?

I feel legal advice is necessary, and, for a while, try to keep things in that house settled - see situation from children's point of view. But, going forward, something has to change. If ex's partner can't stay, or live, in the house legally, since he'd assume tenancy rights, then, I'd say, make it clear that he shouldn't stay there more than three nights a week. You'll know over next few weeks and months how he is going to play it: if he has a few other kids whom he sees only as hoc.,. perhaps his parenting style is detached, and he is not going to commit to living with ex, but only to be a visitor.

The kids living with you would be good to offer. If one is going off to uni soon, it may only be for a short time that you'd have all of them. Get the house ex is living in sold, after they move in.

Daleksatemyshed · 29/06/2022 07:02

Get to the solicitor and get this sorted as soon as possible. It's one thing to support your DC having a home but quite another thing to house this new man. He's probably hoping to live off the ex. You've both been very generous but you also need to be clear headed about this

clippety clop · 29/06/2022 07:14

Kids move in with you. Sell the house and buy together.

BackToTheTop · 29/06/2022 07:21

The reason that arrangement was made legally is because the EW new man could potentially lay claim to the house if he lives there.

I'd stick to the arrangement, and if she is adamant she wants the new man to move in, I'd force a sale. I understand he wants to be 'nice' however her new man and new baby are none of his concern and it's her decision to have another baby with this man and move him in. Don't let your dh get pulled into a moral conversation that's really nothing to do with him.

Speak to a solicitor and find out his next steps.

You could also suggest that you use the money to pool your resources and maybe have his dc more often