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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.

Divorce but I don’t want to lose my home :(

38 replies

Indoorvoicesbluey · 17/06/2023 22:50

I do love dh but it’s clear our marriage isn’t working. I really don’t want a divorce but he does.

He bought the house in 2006 when I was pregnant snd we moved in together. At the time I didn’t have a good job so couldn’t afford a mortgage so it’s in his name. I was a housewife for 6 years and started working last year.

I have the most awful credit report from previous relationship and there is absolutely no way I would be able to rent.

this is our home and I don’t want to lose it :( we have a child whose home it is.
he’s saying he will sell and split it but even so.

iv said I want a solicitor and he keeps questioning why do I want one? Because I don’t want to be screwed over :(

im so upset :(

OP posts:
BetterFuture1985 · 18/06/2023 18:00

Maxiedog123 · 18/06/2023 15:58

I'd be very wary that the stbxh who says " you dont t need a lawyer" is planning a settlement very much in his favour.
Do you know all his assets including pensions?, there was a very long running thread about an exH who had a secret very large pension who was very keen to settle their finances with disclosing it
You need a solicitor and full financial disclosure before any settlement.

He's a bit of an idiot for saying this because someone who agrees to an unfair divorce without getting legal advice might well find a judge refuses to sign off on it anyway.

Both parties should get legal advice not only to get a fair settlement but to manage their expectations. A lot of the silly demands that end up in court these days are from litigants in person and waste time and money.

I don't think the ex-husband is a million miles away from the likely outcome but he'll want to ensure its written appropriately too and only a solicitor can really do that.

Quartz2208 · 18/06/2023 18:57

You need legal advice but beyond that yes he has every right to want a divorce and selling and splitting the house is likely to be sanctioned by the court - the split though I suspect potentially around 60/40 in the OPs favour

Lefteyetwitch · 18/06/2023 19:00

LadyLapsang · 18/06/2023 17:23

When did you get married and when does your child turn 18?

If you're about to mention a mesher order it's pointless. They are rarer than hens teeth.
Both parties have the right to their money or assets.

The reality is the house will be sold unless he chooses to buy her out and OP will have to fund her own home.

OP, have you discussed child arrangements?

BetterFuture1985 · 18/06/2023 19:07

Lefteyetwitch · 18/06/2023 19:00

If you're about to mention a mesher order it's pointless. They are rarer than hens teeth.
Both parties have the right to their money or assets.

The reality is the house will be sold unless he chooses to buy her out and OP will have to fund her own home.

OP, have you discussed child arrangements?

They're rare because they are terrible for both parties. Interest rate rises might make them more common for a while though, albeit for short periods.

LadyLapsang · 18/06/2023 19:13

@Lefteyetwitch and @BetterFuture1985 No, I wasn’t going to bring up a mesher order. I was wondering whether the DC(s) is / are young adults.

Lefteyetwitch · 18/06/2023 19:23

BetterFuture1985 · 18/06/2023 19:07

They're rare because they are terrible for both parties. Interest rate rises might make them more common for a while though, albeit for short periods.

I can't see them coming back. Higher interest rates and higher bills would mean higher need for the assets to be liquefied for both parties to be able to house themselves.

Lefteyetwitch · 18/06/2023 19:25

LadyLapsang · 18/06/2023 19:13

@Lefteyetwitch and @BetterFuture1985 No, I wasn’t going to bring up a mesher order. I was wondering whether the DC(s) is / are young adults.

Well he bought the house in 2006 when she was pregnant. So we can assume the child/ren are around 16 years old.

BetterFuture1985 · 18/06/2023 21:04

Lefteyetwitch · 18/06/2023 19:23

I can't see them coming back. Higher interest rates and higher bills would mean higher need for the assets to be liquefied for both parties to be able to house themselves.

Yeah, I don't see them becoming more common as an outcome of court. However, I do see them becoming more common as an outcome of negotiation. The alternative will often be both parties renting and it might make more financial sense for one to own and split 50/50 later. I've even seen cases where the renting party also pays a percentage of the mortgage, with the agreement that they get these amounts back before the 50/50 split.

Crazycrazylady · 19/06/2023 19:32

Honestly you need to prepare yourself. It's very unlikely that you will get to keep the house as the courts very much go with clean break approach.you must understand that it wouldn't be fair for you to hang on tot main asset/equity and for him to walk away with practically nothing despite the fact that he paid for most of it while you were at home .

MessyBunt · 19/06/2023 21:06

You never mentioned whether you’re married or not OP, but on another thread you do say you have two tween/teen children from your precious marriage.

He can’t be expected to house you, his child, and two other children. That’s not his responsibility- he only had a duty towards his child and that’s via child maintenance.

Quartz2208 · 19/06/2023 21:17

MessyBunt · 19/06/2023 21:06

You never mentioned whether you’re married or not OP, but on another thread you do say you have two tween/teen children from your precious marriage.

He can’t be expected to house you, his child, and two other children. That’s not his responsibility- he only had a duty towards his child and that’s via child maintenance.

The title is divorce and she says marriage isn’t working!

TeaKitten · 19/06/2023 21:21

MessyBunt · 19/06/2023 21:06

You never mentioned whether you’re married or not OP, but on another thread you do say you have two tween/teen children from your precious marriage.

He can’t be expected to house you, his child, and two other children. That’s not his responsibility- he only had a duty towards his child and that’s via child maintenance.

Weird that you managed to read her previous threads but not be able to read this one enough to no if she’s married or not.

yipeeyiyay · 19/06/2023 21:35

kitsuneghost · 18/06/2023 15:46

Tell him you aren't giving him a divorce unless you get the house. He married you, he is wrong just to break that up never mind expect half the marital home too.

Are you being facetious? Otherwise it's just a stupid comment. Actually if you are being facetious then it's still a stupid comment

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