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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 - what are my options?

1 reply

Evecob · 30/09/2024 14:17

My husband and I have recently discussed separation and divorce. Husband has abusive behaviours which come out every now and then and he does not take accountability. We have previously done couples counselling but it did not help. We both did individual counselling which he gave up on and I continued. I have been working on myself for 2 years and have been putting up boundaries, and told him i cannot be intimate with him if I dont feel loved and respected. He recently had an outburst while driving and i told him he needs to go back to therapy for his anger issues and dont want him driving the kids until then. These circumstances have caused him to be unhappy and also want to separate, so we are both on the same page now to move forward..

Our situation is we both work.. on similar wages.. i work from home mon-fri on 38K doing 34 hours a week, very flexible, and am able to drop off and pick up the kids from school. Potential for me to up my hours to be on mid 40K salary but would rather not.

He works FT with a 30 min commute, makes 37k.

joint mortgage, house worth probably 340k, remaining mortgage 246K

Children are young, (4 and 6) and undiagnosed level 1 autistic/adhd. Going through the process at school. Change will be very difficult on them and I want to maintain stability as much as possible.

He recently found out he is getting a big inheritance which when he got it would set him up with his own house (roughly 250K). I have no interest in this and happy for.him to keep it all to set himself up.

I just want stability for me and my kids, and to be with them as much as possible. He wants 50:50 custody and i honestly worry about whether he will neglect them on his days. But i also dont want to stop him from seeing them and them having a good relationship. So i imagine this situation would happen.

What are my options in this situation? Any advice greatly appreciated

OP posts:
LemonTT · 30/09/2024 16:47

The inheritance doesn’t exist if it is a he will receive …. Unless the will is in probate it won’t be part of the declaration of assets. Even if it was it wouldn’t be classified as a marital asset because it has never been used in pursuit of the marriage.

Based on your OP alone you have 94k of equity and broadly similar salaries. Assuming you co parent the asset pool of 94k should be shared equally to meet your needs. Again making the assumption that you are the resident parent it is very likely that you would have a bigger income when child support and benefits are taken into account.

So you are looking at having about 40-50k in equity from the sale of the house. To use to buy a new place or to rent.

If he were to agree to a mesher order or you were awarded one, you would need to be able to get a mortgage for the outstanding loan. I don’t think you will qualify for a mortgage of 246k on your own. I doubt he would agree to remaining on the mortgage and I doubt a court would order him to remain on the mortgage. It might but only if you really couldn’t afford another home, renting or buying. A clean break sounds like an option here.

With kids that young a move to a more affordable area should be considered.

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