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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:
Dirtylittleroses · 29/06/2022 08:29

She’s taking the piss. Speak to a solicitor, id consider letting them stay if they agreed to pay rent. If this is she wants him to move in and they all live at your husbands expense then no way.

viques · 29/06/2022 08:32

If all the children are teens then it is a maximum of five years until the youngest is 18, at which point the ex and her new guy could buy out your husband but pay at todays market price , or your husband could sell and pay her the agreed half, but only pay her half of what the market price was when they split, which I assume is the agreement. Yes it is galling that the new guy will effectively be living rent free on your dollar, but I assume he will be contributing to their household expenses so that will benefit the children. (He will also be living with three teens and a baby in a small house, lucky him) I assume your OH will reduce child maintenance payments as the children reach 18.

isthismylifenow · 29/06/2022 08:32

Have you considered moving into the family property and the dc live with you there? I do realise you would need to buy her out of her 50% though.

Whatever happens, the dc lives are unfortunately going to go through upheaval. The thing is though, is that your dh shouldn't be screwed over financially by his ex and her new partner in the process.

She is no longer a single mother to the children. I am not in the UK and most clauses in our divorce contracts state that the mortgage payment agreements are in place until either the children reach a certain age, complete education etc or if the parent (usually the wife who has main custody) enters into a new marriage/relationship.

howtomoveforwards · 29/06/2022 08:33

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

Ermmm...she's an adult, she can do whatever she wants. Sure, the OP's DH can seek to stop her but given that he will most likely be taking the roof from over her head, she is going to have a good argument for getting a property with her 50% somewhere she can afford. And the courts are not in the habit of stopping adults moving away, even when there are children involved, unless it is clear that the move is about blocking or frustrating access. Life moves on, you don't get a say in your ex's living arrangements - and let's face it, whilst the OP sees her husband as a good man who has paid his ex's mortgage for years, it is not too hard to turn that around into him controlling his ex, particularly that she isn't allowed a new partner in her own home (I am not suggesting that is the case, just saying there is an alternative view). Yes, the children are old enough to have a say - and that say will be moving in with the OP and her DH if they don't go with mum. OP has made it clear that it is her home so whether or not that is something she wants is another issue.

motogirl · 29/06/2022 08:34

Legal advice is required, paying 50/50 on the mortgage is the minimum that is appropriate I would say. Is it an option for the children to live with you if they aren't comfortable with the new sibling and moving?

viques · 29/06/2022 08:36

Ps people saying how awful it is that the new guy will be living rent free are forgetting that your OH is technically living rent free at yours, we don’t know if the new guy has a similar arrangement with an ex partner where he is paying a mortgage for a property he doesn’t live in!

aSofaNearYou · 29/06/2022 08:39

I think you have both already been too generous from the start - not having your own children just to allow her to do this really takes the biscuit. If there's no way for new partner to pay rent then the agreement needs to come to an end.

billy1966 · 29/06/2022 08:39

Calling her his ex wife confuses things.

She's his ex partner.

His ex partner must think you are both absolute mugs to think her moving in her new partner might fly, whilst you live hand to mouth paying for your husband, in your home.

There is a pair of them in it.

I think you need to harden up and protect yourself.

Get legal advice and sell the house.
Under no circumstances should this waster be allowed to move into your husbands house.

She is chancing her arm and thinks you both will allow this situation to continue open ended.

If she wants a new baby and a new relationship she is going to figure out her housing.

If you allow this to continue until the baby arrives it will only become messier.

His ex partner needs a few home truths about what is not happening.

There is no way she should be moving anyone into your husbands house.

You sound too nice for your own good.

If the children choose to move in with you I would be rethinking the 50/50 split.

She needs a dose of reality quickly.

Squareflair · 29/06/2022 08:39

viques · 29/06/2022 08:36

Ps people saying how awful it is that the new guy will be living rent free are forgetting that your OH is technically living rent free at yours, we don’t know if the new guy has a similar arrangement with an ex partner where he is paying a mortgage for a property he doesn’t live in!

Well quite- interesting isn't it.

swimmingincustard · 29/06/2022 08:45

Are you sure about the capital gains tax? If he doesn't own any other property it may not be the case.

I'd agree with PPs suggestion of them buying your DHs 50% share and renegotiate CM.

Crazykatie · 29/06/2022 08:50

swimmingincustard · 29/06/2022 08:45

Are you sure about the capital gains tax? If he doesn't own any other property it may not be the case.

I'd agree with PPs suggestion of them buying your DHs 50% share and renegotiate CM.

I was assuming he owned another property.

Selling and buying another property is a bad option either way,

Dancingwithhyenas · 29/06/2022 08:51

How does he own all the house? Presumably this was part of the divorce precedings that he continue to pay for the house? I think you should just get a waiver- it honestly was very very easy for us which new man states he has no claim on the house and can be asked to leave at any time. Speak to the mortgage company.

Dancingwithhyenas · 29/06/2022 08:53

In general I don’t think it changes anything as the cost is the same either way. If you’re feeling poor get him to pay for the extra legal costs of essentially having a lodger and any waivers. But your DH has a legal obligation to his ex wife and kids regardless.

Notonthestairs · 29/06/2022 08:54

No we dont know if the Ex partner's new partner pays for his exes mortgage. If he does then he may need to apply to change his own arrangements in the light of his new relationship and baby.

Onlinetherapist · 29/06/2022 08:56

I’m guessing what will happen is that your partner’s ex will move new man in, (if she hasn’t already) but swear everyone including the children to secrecy. They will say he ‘stays over a couple of nights per week’.

It’s such a complex situation that it needs to be navigated with a family law solicitor.

OP as well as subsidising your partner, his children and his ex, you may also end up subsiding her partner, possibly his children and any further children they have together, as well as the one that’s on the way. How would your partner be able to support all of these people if you weren’t housing him etc? The sacrifices you are making are huge, including giving up your chance of children of your own and the lifestyle/experiences that could be afforded to you otherwise. I also wonder about the dynamics of your relationship with your partner too. Him possibly feeling indebted to you, and you sacrificing so much to be with him.

ILikeHotWaterBottles · 29/06/2022 08:56

You need a solicitor. I would personally be saying to the exw that if she moves her dp in, she withdraws her 'right' to 50% of the house on sale. She gets nothing, or her dp doesn't move in. And if she decides to move away instead to try and spite her exh, the kids can easily move in with you or even stay in that house and you move in there with them so they can stay in their same schools, as after all, moving them to new schools during exams is not right or fair on the kids.

She can't have both lives. She can't have a new dp and have him subbed by her ex. What kind of man would want to live in a house being paid for by his girlfriends ex anyway? She's chosen a right chancer there.

Your husband needs to properly protect his property for his kids as well and I wouldn't sell it to her. Her new child I bet will get more of the profit, her 'new' family, the old family will get less.

But speak to a solicitor. And don't let the dp move in.

SleepSleepRaveAsleep · 29/06/2022 08:57

Sell the house, you buy a bigger house and move the children in with you, then they can have their own space. Wife still does well, gets half the house and new man can pay for his own house with the ex wife and new baby. Why would a man be paying another man's mortgage? The new baby is not your husband's responsibility, maybe she thought if she had another baby he wouldn't kick her out to sell it?

Misstes · 29/06/2022 08:58

I can’t believe the amount of people that thinks it ok to sell up and make the kids move in the middle of exams etc. if they wanted to live with the dad they would already. Surely you do what’s best for your kids and if they ex benefits then so be it.

MaybeIWillFuckOffThen · 29/06/2022 09:00

Squareflair · Today 08:39
viques
Ps people saying how awful it is that the new guy will be living rent free are forgetting that your OH is technically living rent free at yours, we don’t know if the new guy has a similar arrangement with an ex partner where he is paying a mortgage for a property he doesn’t live in!
Well quite- interesting isn't it.

Well it is quite a different case. OP owns her own property and pays for it and therefore chooses to let her husband live there rent free because that is her right (whether that is a good decision for her is debatable imho but it's her choice to make).

Ex partner however is living in a house that is paid for by her ex, so she doesn't have the same right to make that decision. OP is being generous to her DH; Ex-P is certainly being very generous to her new man... but with someone else's money. That's why it's not OK.

SleepSleepRaveAsleep · 29/06/2022 09:03

I said ex wife, you referred to her as ex wife but then said they weren't married, this would change things whether he has to give her half etc, she isn't entitled to anything. Move the children in with you and withdraw the 50% offer, he doesn't have to keep an ex girlfriend and her new boyfriend.

MaybeIWillFuckOffThen · 29/06/2022 09:04

What I'm curious about is what the OP's DH did after separating from his ex but before moving in with her, as it seems the arrangement he has with his ex (paying the full mortgage on the house she and his kids live in) is highly dependent on the OP's generosity in subsidising his living costs. Where was he living before that enabled him to be so generous to his ex but still provide a suitable environment for contact with his children?

Because if the OP was the OW and he moved straight from his ex-P's into her home, that changes the complexion of the whole thing considerably IMO although may mean nothing legally.

Pantibliss · 29/06/2022 09:06

What a cheeky mare. Sell the house and she can figure things out herself. If DH's kids want to move in with you til they finish school, fine. You need to harden up. No way would I pay for this absolute piss taker.

MaybeIWillFuckOffThen · 29/06/2022 09:06

I said ex wife, you referred to her as ex wife but then said they weren't married, this would change things whether he has to give her half etc, she isn't entitled to anything. Move the children in with you and withdraw the 50% offer, he doesn't have to keep an ex girlfriend and her new boyfriend.

Oh come on, she's not 'an ex girlfriend', she's the mother of his kids. She's being unreasonable IMO but it shouldn't be the case that where the kids live is decided by who has the most financial leverage. It should be about what they want/is in their best interests. If they want to continue living with their mother, as it seems they always have, then the OP's DH still has an obligation to support that in some way - but certainly not by paying to keep her new bloke.

30mph · 29/06/2022 09:09

There's no easy short cut here. He needs to get good quality legal advice here so he knows exactly what the possible outcomes and solutions are.

GoodThinkingMax · 29/06/2022 09:11

There is nothing wrong with the Ex deciding to move on and have a baby, and the teenage children may find they like having a new baby around when they are actually here. She may also genuinely be unable to afford another house in the area if your OH sold up.

There's nothing wrong with the ex-partner "moving on" but she will need to take the consequences, like an adult.

Your DH appears to have acted really well in relation to caring for & supporting his children, @ChloeBed - a good man, when many men just walk away. But he really should stick to the legal agreement - it's a fair one. And as PP have said - protect yourselves. DEciding not to have your own children is an heroic gesture if respect & care towards your DH's children and his commitments to his "first" family - if your DH's ex-partner takes too much of the money in this arrangement, ironically it's his children who will suffer.