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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.

How to unpick separation with obstructive and unstable ExP -house and DC?

39 replies

PlantingInTheFullMoon · 28/10/2024 10:44

STBXP has decided to call time on our relationship and wants to arrange the sale of our home asap. We are not married and have 2 DC (early tweens / teens, one of whom has high needs SEN). We own our house jointly, having always paid 50-50, with a very small amount left to pay on our mortgage. I earn marginally more than him (both modest public sector salaries). No debt. Apologies for long post, don't want to drip feed.

We have explored the idea of separation at various points ‐he usually 'snaps' once a year and declares it's over and that the house must be sold, but has second thoughts after a few days of stewing on it.

I have previously offered to try to buy him out as I could probably just about do this at a pinch, but he dismisses this out of hand. He's very clear ‐it would be too upsetting for him to be the one to move out if I remained with the DC.

Neither of us would be able to afford to buy a new place to house a family, following a split of proceeds from the sale of the house. P has accrued decent savings over the years and would probably be able to buy himself a small flat outright, using these and his half of the proceeds from the sale of our home. He is not in a position to get a mortgage at present. I would need to borrow further in order to afford a new home, even a tiny flat. And yes, while he has saved, I have covered expenses for the DC as he's found anything above what can be covered by child benefit (including necessary wraparound care, school activities, transport, expenses related to DC1's SEN etc) unnecessary and stressful to think about. More fool me, it has been seen as 'my expenses' on account of my higher earnings.

I'm desperate for the DC to stay in their home, to the point of offering to move out myself to rent a room nearby so they can all stay. A move would especially impact DC1 who would find the upheaval of a separation and a house-move devastating and, consistent with their disability, very hard to reconcile or understand, likely triggering a MH crisis. P does not want to be the resident parent though; his long running bouts of depression and anxiety have coloured all of our relationships and a large factor in his wanting out is that he feels isolated and peripheral in the family dynamic (very much his own doing), despite our concerted efforts to repair and rebuild over the years.

P is not able to centre the needs of the DC in this, despite loving them ‐he wants us to tell them right away, even though there are no plans or next-steps in place, despite this being against pretty much every recommendation. It's as if he can't comprehend the logistics and the impact, not least on himself ‐the smallest transition, change or expectation usually sees him spiral into an anxious loop of incapacity. I can't seem to convey to him that we need a plan which will ideally afford us both some stability and dignity, and most importantly, the means to provide two homes for the DC, before telling them, especially given both his and DC1's vulnerabilities.

My elderly parent would like to support somehow and has made suggestions which I worry would amount to a deprivation of assets or cause issues down the line: topping up my offer to buy P out in the hope it will 'sweeten the deal', or for me and DC to move in with DM and spend my half of the proceeds of the sale of our house on a small extension, or sell up and buy a new place together (her favourite idea). All very sincere and generous, but not knowing what her future holds, I worry about the implications in the event of her death or needing substantial care beyond what I would be able to offer, in the coming years. I also have a sibling.

It's so messy. I can't figure out whether P is actually 'just' punishing me for something and will rethink, buying me some time, or whether this is really 'it', now. Either way, I need a plan. Has anyone worked their way through something similar and has practical advice to share? Is DM's offer of support a red herring best avoided? How best to prepare vulnerable ASD teen for monumental upheaval? Anyone actually managed to persuade a reluctant XP to be bought out ‐how? Managed to secure borrowing through existing or new lender to this effect? Buying out P would be much cheaper than trying to buy somewhere new. I believe that I would need to pay child maintenance if I moved out and P stayed in the house with DC, even though he doesn't actually want to be the main parent?

Where to start?

OP posts:
LemonTT · 28/10/2024 12:41

I don’t understand why you can buy him out but not afford to buy on your own. Surely 50% of the equity plus what you could borrow to buy him out would buy a similar property.

like others I think you are getting in your own way here. You want to end things and that is that. Tell him it is over and offer to buy him out or put the house on the market. Then agree co parenting which will be based on CMS calculation.

The children will know it’s over. Telling them that now before you work out who lives where isn’t the end of the world. Lots of people do it.

The relationship is over when it is over not when the house is sold or one of you move out.

Shouldbedoing · 28/10/2024 12:46

OP, I say this with love.... please stop being a martyr and putting him first. He loves himself too much to fall apart without you. Get legal advice, raise that 50% and wave him off into the sunset with his financial abusers savings. Get 3 valuations if it helps. Keep on at him like a stuck record - we are done, the kids need to stay local, you need to put them first. And yes, lots of fees saved by a buyout.

PlantingInTheFullMoon · 28/10/2024 16:52

@DelphiniumBlue, three very good points. I've done a lot of subbing through covering expenses for the DC in the name of keeping things running smoothly: paying childcare fees as it was to cover 'my' hours, things to help DC1 which wouldn't really occur to him etc. When there have been big and obvious expenses he's generally offered to pay half but I've often said not to bother as he tends to question expenditure and I don't always have time to find the chespest of everything, although I'm definitely no spendthrift.
I'm going to say that we need a joint kitty for DCs' expenses from now that we both pay into.

He may be eligible to apply for a mortgage in the future, but at the moment, due to a recent health related issue, he is not able to apply for a new one as a single applicant.

OP posts:
PlantingInTheFullMoon · 28/10/2024 17:03

@SquishyGloopyBum and @Shouldbedoing , you're right, that's a really good point re the saved fees. Thank you!

@LemonTT, I explained upthread why 50% of proceeds won't be enough for a deposit on another house; although very lovely, it is a non-standard construction which is tricky to mortgage, hence harder to sell, so hasn't quite kept up with the increasing value of property in the area, or city, for that matter. It's done well for what it is, but there is nothing 'similar' to buy as these houses weren't built in abundance. Also, as a single applicant with dependants I have fewer options among lenders already reluctant to touch properties like ours. It's really annoying.

OP posts:
PlantingInTheFullMoon · 28/10/2024 17:05

@YourSnugHazelTraybake , sorry, I thanked another poster for your sage advice about estate agents' fees.

OP posts:
cansu · 29/10/2024 08:39

I would not be renting a room nearby. This is daft. You need to concentrate on getting a mortgage for what you need to buy a house after yours is sold. If your mum can help with some funds then that is great. I am in a very similar situation. He will continue to prioritise himself. You need to think about your dc yes but also about your own future.

If you are determined to buy him out then say this is what you want and stick to it. You don't have to agree to his idea just because he wants it. It would take him some time to legally force the sale especially if you are willing to buy him out.

PlantingInTheFullMoon · 30/10/2024 20:28

@cansu I think this is probably very wise and something I've overlooked, that I can dig my heels in about the outcome I want. I think I'm so used to compromising and accommodating and looking for consensus that I've lost sense of sticking to what I actually want. Thank you. I was just thinking about the DC getting up and getting ready in the morning without me and felt so hopeless.

OP posts:
cansu · 30/10/2024 20:31

I totally get that. Look after your interests. You can guarantee he will be looking out for his.

PlantingInTheFullMoon · 30/10/2024 20:54

Yes. And if I look at how he accomplishes things, in all areas of his life, it is all about digging his heels in and waiting for others to organise themselves around his firm and immovable centre. Works really well in his work role in which he negotiates funding and advocates on behalf of projects and organisations ‐he's used to forcing the issue through simply being the last to blink. But it's not so much a skill or strategy as a personality trait; it's his MO across the board.
I'm sorry you're navigating similarly choppy waters too.

OP posts:
grumpyoldeyeore · 30/10/2024 21:11

You need to get advice from a solicitor knowledgable in Children Act claims for disabled children. Under this even though you are not married can make a claim for maintenance (eg beyond CMS level and usual age), a lump sum (from those savings of his) or a transfer or settlement of property - not for you but for the benefit of your child. Even if you dont go ahead with the claim and just threaten it that might be enough of a wake up call that he wont necessarily get to walk away with all his savings or forget his responsibiities to his child or get to block you remaining in house / prevent a buyout.

SlipperyLizard · 30/10/2024 21:11

A friend of mine was dealing with a similar situation with her then DH, he was demanding certain things from the financial settlement that were not in the interests of the DC or financially viable. Best advice she got from her solicitor was to stop trying to find a compromise, or facilitate what he wanted, as it would never be enough - made her realise that she was gradually offering him more and more of what he wanted with no compromise on his part.

So she stopped engaging, and once she stopped trying to solve things in a way that was detrimental to her, she felt more in control and able to ignore his ridiculous demands.

You have just as much say as him, OP, if he wants to go to court to force the sale of the house from under his children when you’re willing to buy him out then make him. Might give him the wake up call he needs that maybe he’s not a good guy.

RandomMess · 30/10/2024 21:23

I wonder if you should call his bluff and leave the home and him with the DC and all the associates costs. Basically "the DC need to stay in the house for school and their wellbeing".

I'll move out until you buy me out/sell, unless I buy you out that is.

Are you parents close enough to your work for you to move out for a few months?

NImumconfused · 31/10/2024 10:46

RandomMess · 30/10/2024 21:23

I wonder if you should call his bluff and leave the home and him with the DC and all the associates costs. Basically "the DC need to stay in the house for school and their wellbeing".

I'll move out until you buy me out/sell, unless I buy you out that is.

Are you parents close enough to your work for you to move out for a few months?

I think that would be a very bad idea with a vulnerable ASD child - he doesn't sound at all like the kind of person who would be capable of handling being responsible for them.

AncientAndModern1 · 31/10/2024 11:00

Tell him no. You aren’t going to roll over and let him force his vulnerable children out of their home and school for no good reason. Just no. And you won’t shift. You will happily buy him out at a very fair rate, which will be greater because there will be no estate agent fees to pay. You could even offer him a sweetener to cover his moving costs. If he doesn’t like it, he will have to take you to court, which will cost money and involve mediation.

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