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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:
LemonTT · 29/06/2022 10:10

Your husband needs to take legal advice about resolving this situation. Mesher orders usually end when a new partner or spouse moves in.

The ex will be aware if this and consequences of her decision. It will be up to her to decide what she wants to do in terms of partner and her role as a parent.

Your husband has met his side of the divorce agreement.

WilsonMilson · 29/06/2022 10:22

So they were never married? So really all her legally has to do is pay child maintenance.

Your husband has already gone over and above to provide for his children, which is admirable.

The solution here is for the children to move in with you, the house gets sold and the ex can shack up with her new man. No way should your husband be continuing to pay for her life and children with another man (who is also going to live there) and then give her 50% of a house she has made no contributions to, given that they were never married, and while she’s off having kids with someone else. That’s madness.

She’s taking the monumental piss.

Pantibliss · 29/06/2022 10:23

But they weren't married so surely there wouldn't have been a mesher order. It's just his goodwill.

SemperIdem · 29/06/2022 10:29

His ex is taking the piss on a huge scale.

He has gone above and beyond but I’m dubious it was the right thing to do. The sacrifices you have made to bank roll him going above and beyond are enormous. Don’t ever call yourself selfish because you are far from it. I’d be positively apoplectic in your shoes.

BuanoKubiamVej · 29/06/2022 10:42

I think he should convert the mortgage to a BTL mortgage and start renting the property to the Ex-Wife and her new partner as official tenants, but with the rent set at a low rate which is a reasonable rate for the accommodation of the people that are wholely unrelated to him - i.e. the new partner and the baby - and he (the new partner) can be wholely responsible for paying that rent and can be evicted if the need arises. That way the new partner does not acquire undue rights over the property, which is the danger if an adult is allowed to live somewhere long term without a tenancy agreement and rent being paid.

Whatsonmymindgrapes · 29/06/2022 10:43

If they weren’t married why is he giving we 50%!??

Hankunamatata · 29/06/2022 10:50

So they cant afford to live in the area? Could he change it to a tenancy with DH as landlord and make them both sign a tenancy agreement? Then pick a fair rent?

Notonthestairs · 29/06/2022 10:58

Creating a tenancy will add problems of its own. He needs legal advice.

BungleandGeorge · 29/06/2022 10:59

Talk of ex-wife/ husband etc is really confusing here as a partner and spouse or ex spouse are totally different legally. They weren’t married? Are you two married? What legal agreement do they have? Is she on the deeds of the house?
I think your money would probably be well spent on legal advice in this situation!

AchatAVendre · 29/06/2022 11:06

Go back to solicitor/court. She will breach the terms of the agreement by moving a partner in and therefore her new partner should provide for her needs and that of the new baby. The house may need to be sold and assets divided to finance this.

warofthemonstertrucks · 29/06/2022 11:10

The exw is taking the mick here tbh. I can see why your DH feels aggrieved that he's now to be supporting her, his children and effectively her new partner and their child.

And if the new partner has agreed to that without offering to contribute then he clearly isn't a Prince amongst men either.

I'd think the whole thing needs to stop now-split finances and he pays child maintenance only. That's fair. The kids are teenagers and if their mum threatens to move them far away then he can challenge that in court as it would be a change to their current contact agreement-or more likely they will vote with their feet anyway and come and live with their Dad.

dreamingofsun · 29/06/2022 11:28

Legal advice sounds like best advice. Please go with him so that you can decide on best way forwards together and you understand the different options. This affects you as much financially as him, if not more, so its fair that you have a say in this too.

Ellie56 · 29/06/2022 11:40

You definitely need expert legal advice here. EW is taking the piss and the agreement needs revisiting ASAP.

If the existing agreement is nobody else can live in the property, does this mean the new baby cannot live there either or does the agreement only apply to adults?

wellyelliebee · 29/06/2022 11:46

I think you need to keep repeating, broken record style, that, as agreed, now there is a new partner (and baby) it is time to ensure that finances are completely separate from the ex-wife, and you need to find a way to do that which has the least impact on the children. But don't budge on the constraint that him contributing financially to her housing has to stop. I think you also need to keep reminding her (civilly) that it was what was agreed all along, and it is her choices that have triggered this situation, not yours. She wants her cake and eat it.

MeridianB · 29/06/2022 11:49

Definitely get legal advice asap and take a harder line. His children are the priority, not his ex. And rethink the whole 50% aspect as that the picture has changed completely. Now is not the time to be the nice guy - his generosity so far doesn’t seem to have been appreciated by his ex, if she’s already talking about taking the children away.

I’d be encouraging him to resolve finances completely to avoid it becoming more complex or leaving you both open to emotional blackmail.

And if there is still time, you could reconsider your position on having your own child. 💐

wellyelliebee · 29/06/2022 11:52

I think it would be a massive mistake to talk of tenancy or anything like that, you just need to say that if she's moving the new partner in it triggers the legal agreement which has been in place for many years, and just keep repeating that. All the other problems aren't yours to solve, apart from just being there for the kids, letting them know they are loved and potentially offering them a home if required.

wellyelliebee · 29/06/2022 11:53

If she argues just ask open questions "do you think it's fair for DH to pay the mortgage on a house that another man lives in?"

sueelleker · 29/06/2022 12:11

I hope EW doesn't now think that she can stay until her new baby is 18?

Lovetogarden2022 · 29/06/2022 12:19

Stick to the legal advice, and say that the kids can live with you? I don't think she can legally move away THAT far if he has a right to see his children?

SuperTea · 29/06/2022 12:21

I have a friend in exactly this position.

Agreement was that wife and DC stay in house until youngest 18yo. He turned a blind eye when new partner moved in, for the sake of his DC amd glad tonse shdd moved on and then again when new children arrived - you can't kick out a woman who's just had a baby.

His youngest is now 18 (20, actually)and living with him. There are three young children living in "his" house. In theory, it's on the market, but it has been for 2 years....

whynotwhatknot · 29/06/2022 12:26

she sounds like a pisstaker and lucky your dh was so generous in the first place
her new partner and baby are not his problem
get onto his solicitor so he can sort it out

heathspeedwell · 29/06/2022 12:28

You had a legal agreement and your husband's ex is the one who has rescinded on it. Hopefully this gives you an opportunity to go back to the drawing board and draw up a new agreement that is much fairer to you and your stepchildren.

It may be possible for your husband to say that the offer of giving her 50% of the house is no longer on the table - there's now a very good chance that she could end up spending the money on her new baby, her new partner, his other children or any other future children she has.

To protect your stepchildren it may be better to sell the house and have them move in with you (half of the money could go towards you and your husband getting a bigger house). You could use the money that would have gone to the ex to pay for the stepchildren to go to university, or for deposits on their own homes when they are in a position to buy. A solicitor might be able to suggest ways of putting this money into trust funds for the children.

Good legal advice is the next step, and hopefully it will help your husband to understand that his ex is no longer his dependant. It's his children and his wife that he should be putting first.

cottagegardenflower · 29/06/2022 12:57

I would look at a trust arrangement where the exP lives in the house until the youngest DC of your husband is 18 and then she vacated the property. It is then sold and she receives her 50% of the house. (Not worth trying to vary this as she could fight it under the terms of having a beneficial interest, etc in the house). Your H can switch to an interest only deal on the mortgage and the BF signs a disclaimer that he has no rights over the house. Maybe one or more of the DC can live with you, in which case the house can be sold and with your 50% you could buy a bigger house together.

Mariposista · 29/06/2022 13:04

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MaybeIWillFuckOffThen · 29/06/2022 14:05

If they weren’t married why is he giving we 50%!??

Err because the obviously had a long relationship and three children together, so whoever's name was on what it's fair to say their economic interests were entwined for some time no?

If they were married 50:50 would have been the starting position. No idea why people seem to feel that ethically that doesn't apply to a partner of longstanding, just because it doesn't legally. Shock horror, sounds like the OP's husband has been decent to his ex because he should, not just because he must. Besides the OP has explained he wanted her to have enough to get a decent size home for his children to visit her in. A good and considerate man, we should have him stuffed.

She has now moved the goalposts however so the whole thing needs reviewing.