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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.

One party keeping the house - consent order

32 replies

Illbefinejustbloodyfine · 04/10/2023 15:12

I'm in the middle of divorcing my husband. Long (loooong) separation during which I have had the dc living with me in the family home. Joint mortgage. We've continued to pay half each but I pay everything else.

He rented a place for a few months then moved back with his parents. (Had moved straight from living with parents to moving into our house) so he's been living with his parents since then, several years.

He sees the dc 1 day a week. Very rarely over night (handful of times a year - 4 this year i think) does no school runs, no school holidays, no days off work with sickness, no clubs, doctors, dentist. Etc.

Hes self emoyed, full time. I'm emoyed but part time due to being the main carer and lack of local childcare,

There is equity in the house. He has offered to "sign it over" to me. I can get a mortgage in my own right but not enough to buy him out. It's a 2 bed. Dc share.

What's the liklihood of this being approved by the courts? There are no other finances to worry about. I get the house. I'm not asking anything else of him. He's not asking anything of me. He has the financial ability to be living independently should he choose to.

I couldn't buy or rent another house for the price I can afford.

OP posts:
FSTraining · 05/10/2023 15:51

Illbefinejustbloodyfine · 05/10/2023 15:49

No, I could afford it. We'd have to make some cut backs.

Reason I ask is because with no motivation to pay a mortgage and free from the liability, he could take a significant pay cut or re-organise his employment in such a way to reduce his CM.

Illbefinejustbloodyfine · 05/10/2023 16:10

Hes self employed too.

OP posts:
FSTraining · 05/10/2023 16:14

Incorporated?

historyrepeatz · 05/10/2023 16:16

Is his change in position because of his inheritance. I know you said you weren't interested but perhaps friends of family have told him he's better off sorting this quickly and signing over the house whilst you are amenable than potentially having to share whatever inheritance he got?

FSTraining · 05/10/2023 16:17

historyrepeatz · 05/10/2023 16:16

Is his change in position because of his inheritance. I know you said you weren't interested but perhaps friends of family have told him he's better off sorting this quickly and signing over the house whilst you are amenable than potentially having to share whatever inheritance he got?

He won't have to share the inheritance as there are clearly sufficient assets to house the OP without having to take from non-marital assets.

Illbefinejustbloodyfine · 05/10/2023 16:33

I don't think so. I honestly don't know. He's classic narcissist. Controlling. Has completely rewritten history to suit him. He was adamant he wanted 50/50. I dont have the money to argue it with solicitors and court so its just been stalemate.

I do think he's got fed up of paying half the ever increasing mortgage.

OP posts:
thelonemommabear · 06/10/2023 11:23

Tosca23 · 05/10/2023 10:20

@FSTraining genuinely curious. Where does it say in law that division of childcare responsibilities falling on one party leads to 100% assets going to one party and 0% asset split to other party in divorce.

Genuinely curious as i had read that childcare responsibility split only affects maintenance payments...

Are the children babies, toddlers or teenagers in this case?

I used the fact that I'm bearing the burden of childcare costs which for twins is £2k per month minimum and then even when all 3 are at school it will still be £1k a month for before/after school care to negotiate my divorce settlement

I submitted evidence that taking into account childcare my ability to raise a mortgage - even though my earnings are almost 4 times his - means I'd barely be able to raise a mortgage

I submitted lots of back up evidence which showed on current salary what the max mortgage I could pay and used that to calculate what I could afford to give him as an asset split in the house via a remortgage and then only when the children are all at school and childcare reduces a bit

I also used the fact that I'll be likely the only one of us supporting all 3 as young adults to argue no pension sharing

Judge signed everything

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