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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:
Crazykatie · 29/06/2022 07:24

I would not agree to the new boyfriend moving in, it’s no different if she was on benefits she would not be able to have a live in partner. So that’s the simple solution, anything else is going to depend on the mortgage company agreeing and they might not play ball.
Moving to a different area, selling the existing house, paying capital gains buying a new one, paying stamp duty and fees on that is not a good option, the worst of all worlds.
If the boyfriend paid rent as a lodger with mortgage company’s agreement and maybe the eldest child moved in with you for a few years that might be the best solution

Badger1970 · 29/06/2022 07:26

Wow that's some serious level of piss taking that she wants the new BF to move into a house that her ex is paying for..........

I think I'd be handing this one straight over to a solicitor. It's her BF's place to support her now, and her ex's place to support his DC.

Riverlee · 29/06/2022 07:27

You need proper legal advice and new arrangements drawn up.

Dominuse · 29/06/2022 07:28

Force the sale end of

Dominuse · 29/06/2022 07:29

File an order so she can’t move the kids away as well
or they move in with you

AmaryIlis · 29/06/2022 07:29

Is there any chance of ex plus new partner buying out your husband's half of the house? Chances are it would be cheaper than moving house.

MiniPiccolo · 29/06/2022 07:35

Force the sale in whatever way possible. Offer the teenagers somewhere to live. If any are over 18 offer then help to find their own places/uni support whatever is appropriate.

ClocksGoingBackwards · 29/06/2022 07:36

He needs to force the sake of the house, and offer his children a home if they don’t want to move, which being teenagers they probably won’t.

Cheeky fucker ex wife and her new boyfriend can pay for their own home.

KvotheTheBloodless · 29/06/2022 07:43

Get legal advice - that way it's impartial and you can make sure whatever you do is in the (existing) children's best interests. Your DH's focus should be his children, the baby is not his and shouldn't come into financial considerations.

To me, it doesn't sound like it's in the DC's best interests to have this man move in with them to be honest, he sounds like a bit of a cocklodger/chancer. However, your DH ought to focus solely on the wellbeing of his DC - and if that means they move in with him (and you) for the best, then so be it. You might find they want to spend more time at your house anyway as their mum's house will have a disruptive baby and new bloke in it. In that instance, the best thing to do might be to sell the old house and buy a new property that has enough space for you, DH and the 3 DC to live in. The ex can buy something with her new partner, if he's got a pot to piss in.

Moodycow78 · 29/06/2022 07:47

From what you've written your DH has gone above and beyond and EW is taking the piss. Trigger the house sale, stop putting your life on hold to support another family, he pays maintenance, is giving her a large sum from a house sale she has no legal rights to and you're willing to provide a home for the kids at any time, that's enough x

Dogtooth · 29/06/2022 07:48

It would have come to this crunch in a few years anyway. Legal advice, protect your interests but handle it to minimise disruption - exams and new baby are already a lot for teens to deal with.

Could you vary the agreement so your DH pays less to mortgage, and they make up the shortfall?

DelphiniumBlue · 29/06/2022 07:55

As he pays CM, could he reduce the amount by half the monthly mortgage? Or some other agreed amount? This would be in lieu of rent from ex, but not rent, so no implications from that. Depends how much that is as to whether it would make financial sense.
But you are right re implications re having another adult living there as far as the mortgage is concerned.

dottiedodah · 29/06/2022 08:05

I would not be happy with this arrangement .You need legal advice I think .She is really taking it to the max here .You and your partner sound lovely .She needs to become independent and make some provisions for herself.

Snowflakes1122 · 29/06/2022 08:06

Definitely legal advice needed asap. This man probably can’t believe his luck - another man paying for the roof over his head!

I would be very wary of accepting any arrangement where he contributes too - he could try to claim legal rights to a portion of the property if things go tits up with the ex wife/partner.

GenItalienSchauen · 29/06/2022 08:07

You need to see the solicitors who advised you. You don't mess around with this kind of stuff. It isn't down to you guys being nice - it is whether legally you have options. FWIW I think the ex is taking the piss

This.

Walkingalot · 29/06/2022 08:09

She's broken the agreement. Your DH was happy to pay the mortgage while it solely benefitted his own kids. His ex having another baby means that he could be supporting a new man and baby indirectly. No way should you let that happen.

I'd sell the house as it's in his name only and she's not entitled to anything as not married and not on the mortgage. Give the kids the option to live with you. No court would force them to move away with their Mum at their age. If he gave her 50% of the sale proceeds and she moves away, how would he feel about that?

Time to get proper legal advice and fast.

Fleur405 · 29/06/2022 08:11

Your husband really needs legal advice. It is not really reasonable for the new partner and baby to live there entirely for free. So on the face of it having him pay rent it the answer. However, there is a reason why another adult moving in was prohibited - because it impacts the rights of your husband and also the mortgage lender in the event either wishes the property to be sold.

Notonthestairs · 29/06/2022 08:12

Circumstances have changed so the agreement needs to change.

I agree you need to go back to the original solicitors if possible.

Pipsquiggle · 29/06/2022 08:14

Seek legal advice. They will have dealt with this situation before. There will be options, probably none of which the ExW will like, because let's face it, she has a very good deal at the moment. Also sounds like her new partner may not be the best of men. Remember this is exactly the scenario of why your DP had a legal document drawn up, to protect his DC. He needs to stop being passive and start enforcing his legal rights

I am sure whatever your solicitor advises will force her to think of whether moving her new partner in is such a sensible idea.

Zonder · 29/06/2022 08:15

Time to see a solicitor. And I would definitely offer the children to live with you. And hopefully you can get the EW and bloke to buy you out.

SnowWhitesSM · 29/06/2022 08:20

Is your H going to be giving you some of the proceeds from either the sale or being bought out when youngest is 18? You've sacrificed so much and it really does seem unfair.

Popcorn77 · 29/06/2022 08:20

Legally no one else can live there - so they can’t (full stop) the house is for the kids. Her partner cant move in. Or you go back for legal advice but its a very good deal she has! Esp getting equity at the end!!!!! He cant take risks legally he would be stuffed over..
you have probably made too many sacrifices..

Squareflair · 29/06/2022 08:22

The sale of the house should be forced through if he moves in, but she's probably right depending on area that she might have to move some distance to get a property she can afford- her half of the sale should help though. I don't think his deal is all that bad though, he pays you nothing and has an excuse for not having anymore children- win!

JudgeRindersMinder · 29/06/2022 08:24

Legal advice needed pronto as everyone has said.

I wonder if the ex would be as keen to move the new man in if she realises she’s potentially jeopardising the whole legal arrangement

Irritatedmum · 29/06/2022 08:27

Another voice saying get real legal advice. And - and this isn’t helpful - your husband is mad to have agreed to all this in the first place. I know he wanted to have his children looked after but surely 50% of the mortgage would have been fairer? Considering he is giving away 50% of the property at the end? I obviously don’t know the full facts though, how long they were together etc.

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