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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.

His demands with house sale due to separation

34 replies

mollymoo751 · 04/09/2024 16:32

Hi everyone,
Do you have any advice or knowledge on rights when selling a house due to a breakup?
Context: unmarried, 2 children, joint mortgage, I want to just split 50/50.
Partner is saying he will only agree to sell the house if I agree to take the £8k early repayment fee on the mortgage. I’ll have main custody of children and full custody of pets and £8k would be a huge chunk of my equity, maybe preventing me getting a new house.
He also refuses to move out (which I know is the advice). He could easily move in with his parents who have space. I don’t have the same option with my parents. Plus I would have the children and pets.
I feel so trapped like I have no way out. Almost like he wants to keep it this way as I do EVERYTHING and he gets to live a life doing whatever the hell he wants whilst his kids are cared for, house cleaned, washing done, meals cooked etc etc. He got out of bed at 3:30pm today for context.
Every time I bring up the conversation of separating he either laughs at me or gets defensive/aggressive. The fact it won’t be amicable for the children terrifies me! I worry how nasty it could get 😢

OP posts:
Sfxde24 · 04/09/2024 19:48

You need to stop facilitating his life any more than you have to.
Why do you have less money? You are paying for the children I guess. Keep records. Tell him what he owes.
You will get out one day. Hang in there.

ForgettingMeNot · 04/09/2024 20:01

Firstly if you have the kids to house your entitled to more than 50%

Please see a solicitor, best money you will spend

If you're north Surrey way I can highly recommend someone

RandomMess · 04/09/2024 20:05

@ForgettingMeNot they aren't married so she is only legally entitled to how the ownership is split.

MostlyHappyMummy · 04/09/2024 20:09

mollymoo751 · 04/09/2024 19:24

I wish I could stop. The issue is he always will
make sure I feel bad for things like this, like tit for tat but always having to get one up on me. One of his favourites used to be stealing the duvet so I don’t have one, but now I sleep in my daughter’s bed more than our bed! It makes her happy too 🥰

But he doesn't make you feel bad - you make yourself feel bad.

He can't make you cook and clean for him. It's hard to stop being a mug but you need to accept that you're in control and not him.

Beccaboo0979 · 04/09/2024 20:12

mollymoo751 · 04/09/2024 17:46

We both contribute equal to mortgage repayments. (He has full control of finances. I pay him a lump sum each month towards everything) yet I’m left with not much disposable income and he has Amazon parcels arriving every second day 🥴

First step stop paying money to him, all bills now need to be paid directly. He pays his half you pay yours. Do not pay him a penny. It maybe the mortgage payments are lower than he's telling you and you are paying more than him. Ask for all morthage payment documents and all utilities etc. (Tell him you need them for an appointment at your bank with a financial advisor etc. If you need to explain why)

Do the maths.

Contact womens aid too as they can help with exit strategies and advice on abusive partners that won't move out.

If he gets even a little nasty phone the police and keep doing this until he gets the point. Then if you need to get a restraining order. So he will have to leave.

MrsTerryPratchett · 04/09/2024 20:26

Biggaybear · 04/09/2024 17:04

As you are unmarried then the split of equity is 50/50......do that would be after the outstanding mortgage plus the £8k redemption figure is taken off. So you should be "sharing" the £8k iyswim.

Who initiated the split ? If you then it might be seen as "fair" that you take the £8k hit because why should he lose out over something that wasn't his decision

Same re moving out. Why is it on him to have his life disrupted ?

Again, this is only if you instigated it.

On a different note.......how long is your mortgage fixed for ? Does the £8k penalty reduce over time (they usually do). Might be worth finding out what the situation would be in 1 or 2 years time.

Women really should be financially punished for splitting up. Especially when the poor man relies on her for cooking, cleaning, looking after the children. Even though they both work.

Sarcasm BTW.

millymollymoomoo · 04/09/2024 20:31

@ForgettingMeNot thsts not correct, even if married there’s no automatic right, and op is not married. So she’s legally entitled to the % based on how they own the house - in this case tenants in common with equal shares. That’s it. Plus cms if applicable

carly2803 · 04/09/2024 21:17

Can you not buy him out the house?

you need legal advice asap

mollymoo751 · 05/09/2024 18:04

carly2803 · 04/09/2024 21:17

Can you not buy him out the house?

you need legal advice asap

No sadly I couldn’t afford the house by myself, neither can he so it needs to be sold. It’s the logistics of getting to that point, without the children being negatively impacted, that’s the struggle!

Thanks everyone for your advice x

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