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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.

House vs maintenance

34 replies

pennyforthem10 · 26/02/2025 20:13

Weighing up all my options..

Joint mortgage, not married. One child in nursery. Both work full time.
Partners maintenance would work out around 250 a month. (This is what he pays for other child)

If (it is still an if but I want to plan my options) if we split, I would like to keep the house and transfer mortgage into my name. We could sell and split but would likely walk away with about 20k, maybe 30 max each after all fees etc. Not great and stressful. Nothing else in the area for either of us to buy separately I don't think.

To avoid this I want to try and keep the house. Instead of him paying maintenance could I put to him that instead of selling and splitting, we transfer into my name and he then pays no maintenance as a result?

Don't know if this is a crazy idea or not.. has it been done? It is feasible?
Rough workings show I would be financially better off with maintenance over the next 14/15 years of course, but to save the stress and upheaval I would be willing to consider this... am I mad?

Thanks in advance!

OP posts:
Fuuuuuckit · 27/02/2025 16:54

pennyforthem10 · 26/02/2025 21:16

How so? Financially saves him money? This is all hearsay while I try to work out all possibilities.

Because there's absolutely nothing to stop you going to the CMS for maintenance even if you agree not to.

He'd be a fool to give you his equity in lieu of maintenance

You also need to check what he would be likely to pay via CMS website. Having to pay for 2 DC that he doesn't live with will reduce the amount he pays for both each.

MJxJones · 27/02/2025 16:57

What if he decides he wants to do 50/50 split in child's time. Then he wouldn't pay you maintenance and would have the same housing requirements that you do.or higher because he's got two children to consider

0ctavia · 27/02/2025 16:58

If he moves in with a woman with children his maintenance will go down, that’s why all these NRP dads are so keen to find a single mum.

Or he can go self employed and pay nothing. Or go on a zero hours contract. Or set up a limited company.

There are many easy ways to avoid paying child support ☹️

Just make sure you have legal and tax advice on any plan you come up with yourself.

ChonkyRabbit · 27/02/2025 17:38

LemonTT · 27/02/2025 09:10

It’s not the OPs right to maintenance. It is the children’s right. She and the father are responsible for them.

Thanks for your valuable contribution

Changeissmall · 27/02/2025 17:51

OP can you afford to take on the whole mortgage after increasing it to pay him his share of equity?
That is the only realistic option.

MJxJones · 27/02/2025 17:58

If you think his share will only be 20k after costs then that's only 6.5 years (at 250pm) if that brings your child to ten yrs old then he'd be paying additional maintenance for another 8 years which would be an extra 24k.

He might bite your arm off based on the maths,but as other people have said without the certainty that you wont claim in the future no one is going to advise him to do that.

pennyforthem10 · 27/02/2025 19:17

MJxJones · 27/02/2025 16:57

What if he decides he wants to do 50/50 split in child's time. Then he wouldn't pay you maintenance and would have the same housing requirements that you do.or higher because he's got two children to consider

He could try but highly unlikely given our working patterns. Another comment about moving in with somebody else - valid point. You never do know what will happen.

Mortgage wouldn't need to be increased for me to afford it. I would borrow the equity to pay him what his share would be so mortgage stays the same, although yes I would have to remortgage against just me so figures may change slightly.

All ifs and buts. As others have said, the maths is in his favour short term. But lots to consider based on the points raised here. Appreciate all the responses, huge thanks!!

OP posts:
pennyforthem10 · 27/02/2025 19:18

I mean borrow from family to pay him, not borrow extra through mortgage. Sorry that wasn't clear.

OP posts:
millymollymoomoo · 27/02/2025 19:54

Will you afford and pass mortgage affordability for the mortgage in your sole name?

not that what you are proposing is right at all but will you be approved to take over 100% the mortgage ( and borrow from
family as well)

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