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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.

I'm dreading this.

15 replies

damnedwhatever · 17/02/2024 23:18

I and husband of 30 years separated 9 years ago .

He's older than me . He wanted to keep the house and in guilt I walked away saying he could keep it and I would rent .

I'd paid a mortgage since 1993 . Following separation I also continued to pay his debts . We are now debt free but took 6 years.

I've had some issues health wise and it's made me realise renting isn't an option long term .

We have 100k equity in the house . Iv asked him if we can divorce and he remortgage to
Give me a deposit for another home . His answer was I walked away and I'm thinking of myself "as usual"

He says it will put his
Mortgage up by £250 a month to pay me even 15k .

I've said I'm being really reasonable and he says I aren't . If I go through solicitor I've been told to go for a 70/30 split in his favour because I have a pension. That's still 30k . All I asked for was 15k

Thinking outside the box - I then suggested we build an extension which I live in and we go halves on bills .
He said no .
I'm single but he has a girlfriend but that really wouldn't have bothered me .

My issue is my adult children. They see me as strong and financially independent where they view their dad as not and feel I've somehow done him over .

He wants to stay in the marital home . I'm fine with that if he can pay me something just to get my foot back on the property ladder .
The kids side with him as they see him as the wronged party . I'm scared if I start getting tough I'll lose them . They're adults but - my son already offered to pay my deposit to keep his father in the family home but I said that's not his job - I feel it's weak and pathetic of his dad to even allow him to do that ! I got off my arse and got a career because he wouldn't . He's worked for the same company 30+ years on shit wages because he is scared of confrontation or asking for a raise . He gets less than minimum wage as he is salaried and works 16 hour days and nights at times and says nothing. It used to anger me and probably did contribute to the separation because we were like ships that passed in the night - he worked permanent nights . Still does . He's 57 and I'm 52. I don't want to rent forever.

I'm just venting really as I know if I employ a solicitor he will have the kids backing and they'll all hate me . They all say I'm selfish and thinking only of myself yet they are independent and have bought their own places .

We did remain friends but he's now refusing to speak to me at all. Other than to tell me I'm selfish and thinking of myself "as usual" .

I had a solicitor primed and ready 3 months ago but got such a backlash from my dd i stopped proceedings.

On Monday , I'm ringing them , transferring 1k and telling them to crack on .

This is so hard . I don't want to hurt anyone .

OP posts:
TheWorldisGoingMad · 17/02/2024 23:35

If you are just separated but still married, he can't dictate what you get. Especially if you can prove (bank payments) what you have been contributing. Get yourself a free 30 minute legal appointment.
I feel he's trying to pull a fast one. I would personal deny saying he could have the house, and just say you said he could live in the house. He is trying to take you for a ride, as it seems he has has done often.

What country are you in?

FlyingMonkeyNever · 17/02/2024 23:40

Yes, you need to crack on with your divorce plans on Monday.

He’s using your adult children against you.

MajesticWhine · 17/02/2024 23:56

Blimey they've all really done a number on you haven't they. Why on earth are you the selfish one for wanting a place of your own? Crack on and good luck. If your adult children really think this through surely they will realise you are not being unreasonable.

TheWorldisGoingMad · 18/02/2024 00:43

Don't divorce until this is sorted, it will protect your assets somewhat.

You not wanting to hurt anyone is going to cost you dearly. Why are you pretending to be so strong to your children, when you are no longer? They won't think any less of you. It will help them understand you are getting older and with that you are more vulnerable.

Tell them. What's the worst thatcan happen.

"He's older than me"
Not by much, it makes no difference

"He wanted to keep the house and in guilt I walked away saying he could keep it and I would rent" .

Why the hell would you say that! Guilt from what? Tell him you said he could jeep living I it not KEEP it! Otherwise your children may get nothing if he remarried. It may all go to her. There are no guarantees unless their are wills in place.

"I'd paid a mortgage since 1993"
l long was that?

"Following separation I also continued to pay his debts . We are now debt free but took 6 years"
Were you still paying the mortgage? His debts or joint debts, who ran them up?

"I've had some issues health wise and it's made me realise renting isn't an option long term ".
Better to realise late than after your divorced. You wouldn't have a leg to stand on. In your 50s, you realise health can take a turn for the worst in an instant. Everything that was stable can be lost. Private renting in old age is and always will ve a hard way to live.

"We have 100k equity in the house"
When was the house last valued?

"Iv asked him if we can divorce and he remortgage to
Give me a deposit for another home . His answer was I walked away and I'm thinking of myself "as usual"

He can only prove that you left the home. He can NOT prove anything said, and it will.not hold up legally. Unless he has this in writing. However, this still does mean he is more entitled because of it. A friend of mine is going through the same thing. She was left in the house and he is FORCING her to sell to get his 50%. Legally, she has to. She will use the money to but a house in a cheaper part of the country.

"He says it will put his
Mortgage up by £250 a month to pay me even 15k"
It will cost him a lot more in legal fees if he wants to continue being greedy. Doesn't he realise this. A LOT MORE.

"I've said I'm being really reasonable and he says I aren't "
You are! He is not, but he is showing his true colours. He greedy and he has a meal ticket to a house for life with his girlfriend.

"If I go through solicitor I've been told to go for a 70/30 split in his favour because I have a pension. That's still 30k . All I asked for was 15k"
Told by whom? There are solicitor on MN who may be able to guide you with better information. Hopefully they will reply.

"Thinking outside the box - I then suggested we build an extension which I live in and we go halves on bills .
He said no "
He will say no, he doesn't care about you, sorry. He has moved on, he has no motivation to helpbyou because he thinks ge has trhe house.

"I'm single but he has a girlfriend but that really wouldn't have bothered me"
It will bother her. You don't know what story ge has told her or your children about the situation. There's no way in he'll he will want you aroundbto clarify things.

"My issue is my adult children. They see me as strong and financially independent"
Perhaps you were, but thisisn’t static. If you never allow your children to see weakness and your struggles, they will have a totally unrealistic view of your abilities. Unbreakable. This isn't so and you need to make them aware if this.

"where they view their dad as not and feel I've somehow done him over".
How old are your children? You need to sit down with them and have a frank discussion. Explain how hard you’ve had to work to keep the family home together. To pay the bills, to buy the house,to pay for all their meed, to pay off debts. Don't beat around the Bush, just matter of factly tell them all the important bits so they don't fill in the gaps. So their dad doesn't give them a skewed version of events.

"He wants to stay in the marital home . I'm fine with that if he can pay me something just to get my foot back on the property ladder."

He can stay ther but you still have your claim on it, you are still married. Sadly he doesn't care enough about you to want you to help you. Personally I would force the sale. Let him go and find his own home, and you can find yours. There's no guarantee he will pay you by a promise, he has proven that. Everything has to be done through the legal system to protect your self.

"The kids side with him as they see him as the wronged party . I'm scared if I start getting tough I'll lose them ".

Because he has said what he wants to them to make you the villain. You have no idea what conversations he's had with them, but it's highly likely he's poisened their minds. You can't protect yourself from that. The same happened to my friend. It was aweful. He turbed ger children against her and they used to be so so close. It's absolutely heartbreaking to watch. But she has no idea of what's being said.

"They're adults but - my son already offered to pay my deposit to keep his father in the family home but I said that's not his job "

It's nice of him to offer but ... perhaps if you can put your half of the house you already own in a trust for the children, this way you could accept the deposit. If you think you could make the payments, health wise going forwards? That way, your share of the house ifs protected, even though your ex won't give you any money to help you.

"I got off my arse and got a career because he wouldn't . He's worked for the same company 30+ years on shit wages because he is scared of confrontation or asking for a raise . He gets less than minimum wage as he is salaried and works 16 hour days and nights at times and says nothing. It used to anger me and probably did contribute to the separation because we were like ships that passed in the night - he worked permanent nights . Still does . He's 57 and I'm 52. I don't want to rent forever."

He had an easy ride, it seems. He was quite happy to let you do all the hard work while he had a job that didn't demand much of him. If he worked nights, did he look after the children during the days while you worked hard fir a better life? What was his contribution? I take it the mortgage is in joint names, you took it out together?

"I'm just venting really as I know if I employ a solicitor he will have the kids backing and they'll all hate me".
The chances are, if you're not transparent they make be grumpy for a while. But if you tell them you're trying to protect their inheritance I'm sure they'll come around. It sounds as if they already don't think that highly of you. You have no ideas what they've been told by him.

"They all say I'm selfish and thinking only of myself yet they are independent and have bought their own places ."
I would ask why thy don't think he's selfish. You need to tell them if your health is slipping and the struggles you have. They seenyou as invincible at the moment. Why does he NEED a big family home for him and his girlfriend. That's selfish. Him not even trying to help you when you've helped him pay off debts that took 6 years, that's selfish.

"We did remain friends but he's now refusing to speak to me at all. Other than to tell me I'm selfish and thinking of myself "as usual" .
He spoke to you when he though he had an easy picking off the tree. Who wouldn't feel smug about that. He's been living the easy life. Are they both living mortgage and rent free in your family home? What a cushy life that would be. Now he has to start compromising he's behaving like a spoilt child and having a tantrum. This speaks volumes.

"I had a solicitor primed and ready 3 months ago but got such a backlash from my dd i stopped proceedings."
This is your life, YOURS! After putting everyone else first, they have all done well, you should be proud if yourself. Had you not worked so hard, would they have had the same opportunities??? Who knows. Sorry, but it's NOT their call. You will get backlash, that's what some families do, guilt trip. You really can't afford to put everyone else first now. They are sorted, you are the one who is now facing challenges. If they want to, they can help their dad find a new smaller place fit for his needs. Why should you always compromise because he wanted to stay in a dead end job with no prospects.

"On Monday , I'm ringing them , transferring 1k and telling them to crack on"
Do this. Claim what's yours, he's had it easy for long enough. You gave him a stupidly reasonable offer. He was greedy he said no. This offer is off the table now. Whatever happens, you should still get the 15K you needed to find a place to call home.

"This is so hard . I don't want to hurt anyone."
Damned if you do, damned if you don't.

It's time to put you first. For the past 30 years, I doubt you often did. 🤗

Sorry about typos. It's late and I'm on my phone. Good luck.

SleepPrettyDarling · 18/02/2024 00:50

When you said he’s older than you, I assumed 15-20 years - five is negligible. Okay he’s closer to retirement than you but he is stable at work. Your adult children need to back out of this adult conversation. It’s time to plan your own future and your independent attitude will stand to you. You are not unreasonable (except perhaps in backing form before now.)

definitely don’t take money from your adult son. This white knight gesture will likely create some resentment down the line, and absolved your ex from recognising your contribution and entitlement, IMHO.

GrumpyPanda · 18/02/2024 00:59

Ask your children why they're content to let their father treat you as a cash cow. Sounds a lot like financial abuse to me.

damnedwhatever · 18/02/2024 03:03

Thank you . My friends have told me , my sister has told me- everyone is telling me I need to think of myself now . And there's the rub for everyone - because I've always put everyone else first and they're just used to it . That's mum .

Now I'm trying to make a stand it's "poor dad "

Tbh his dismissive attitude now will make this easier for me . He's been insulting and pathetic . He said the house is all he has . I said no - it's all WE have . I'm more than happy to leave him there if I can buy myself something. I'm happy to look at shared ownership, a flat , anything. He won't discuss it .

I'm just gonna phone the solicitor on Monday . If this is how he wants it he can have it . My dd took the oiss out of me for stopping proceedings saying I probably couldn't afford it anyway . Now I've stopped paying his fucking debts I'm saving 300 a month , my credit rating is excellent and I've got a credit card if need be .

OP posts:
damnedwhatever · 18/02/2024 03:05

I'm not even going to discuss it with the kids . They're 32 and 26 . Whatever happens I'll be the villain . Son is more understanding. Dd and I aren't close like we were once . And that really saddens me .

OP posts:
damnedwhatever · 18/02/2024 03:09

I'm going to employ the solicitor and divorce at the same time as a financial settlement.

OP posts:
lljkk · 18/02/2024 05:09

I want to understand. I must have parts of this wrong.
You bought the house in 1993, but only have £100k equity now?
Is this a shared ownership scheme?
Where is the house (what country)?

You kept paying off his personal debts AFTER you separated 9 years ago? Why?

How much did you pay on the mortgage each month in last 9 years?

You're 52yrs old and only want £15k from the house equity to buy a next property? Where can you get on property ladder with such a small deposit. Have you looked into the pragmatics of getting a mortgage at your (our) age? The terms available are short.

You have no other savings in your name, how are you going to afford a solicitor with a hostile divorce out of that meagre £15k and £300/month savings?

Your 32 son was born before the marriage, & you separated after 21 yrs of marriage, with which parent was your 20-something kid living before they turned 18 years?

How much do you earn now?

millymollymoomoo · 18/02/2024 08:18

Take what you are due
hes had some use of a property appreciating in value while you have been renting and paying off his debts. Go for 50:50

BestieNo1 · 18/02/2024 21:28

You have worked your ass off and deserve 50:50 like the rest of the country get. This is fair and equitable so why don't you deserve the same as everyone else?

You are stuck in your mind as a doormat and cash cow.

  1. call the solicitor as you said!

  2. You need to sit your kids down and tell them the truth. Any rational human will be on your side.😍

  3. crack on getting your fair share from your lazy, using, manipulative, greedy ex!😁

  4. pat yourself on the back for finally seeing the light and getting what's due to you!!😃

  5. Channel your anger and frustration and lose any guilt. You've done more than enough. It's now your turn for happiness. 😜

Yey!! Welcome to the next happy chapter of your life where you are in charge and can make yourself a good life!! Whoop

ReliableAlice · 19/02/2024 09:14

Get legal advice asap. If he wants to keep the house he'll find a way to get 15k. Why should he get everything for nothing? I think you're being way too kind looking out for the interests of someone who wouldn't dream of looking out for you and who is now using your kids against you. Be strong.

rockpoolingtogether · 19/02/2024 15:09

Why is he paying a mortgage if you have 100% equity in the house?

rockpoolingtogether · 19/02/2024 15:09

Sorry I misread!

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