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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.

Pls help me figure out a complicated house purchase

14 replies

janiejonstone · 21/10/2025 22:16

Would really appreciate some support on this. Basic situation is that exDH left me and DD8 last September. It was a horribly unexpected divorce and the financial settlement took months as he tried at every stage to pay the minimum possible. We jointly own the family home, which is a Victorian end of terrace that needs a lot of work. We were due to start a full renovation just before he announced he was leaving, and there are now a huge number of things going wrong with it - no central heating on the ground floor, a faulty boiler and leaking kitchen roof, etc. The terms of the settlement are that I receive all the equity in the house when it's sold along with a sizable amount of cash (which he has already transferred to me).

ExDH has always earned many multiples of my salary; his job is very senior and involves a huge amount of international travel. I work full time too but for a charity. I earn a good salary compared to others at my level in the sector, but it's around a fifth of his total pay including bonus. Our mortgage payment is huge - about twice my monthly net pay. Since moving out he has been contributing about three quarters of the mortgage while also paying for a flat for himself (I don't know the location of this and my daughter has never seen it).

He has pretty much checked out of mine and our daughter's life. He is meant to see her for an afternoon each weekend but is regularly "unavailable" at short notice - he's currently been out of contact for five weeks. He pushed for the house to be sold very quickly, while leaving every part of the process down to me. I secured an offer on the house in March and also found a lovely house for me and DD8 to buy for ourselves. It's much smaller, simple to live in and close to her school. She and I totally fell in love with it. We've been to see it four times over the past seven months, and have measured up for our furniture etc. and gone through a long process of downsizing our belongings.

In August, ExDH stopped paying the mortgage on the house, on the basis that it would be sold soon and he had contributed "long enough". I found this incredibly anxiety inducing as I am now paying the full mortgage out of my savings. I managed to increased the amount of my new mortgage enough to give myself a buffer of a few months before my savings were depleted to the point where the new house wasn't viable.

We got very close to exchange on the house chain and then three weeks ago our buyers pulled out, as they were worried about some cracking that had appeared in the chimney breast of the living room. I've since had a structural engineer look at this, who has recommended that a builder undertake some investigation work to determine whether it's subsidence. We cannot sell the house until this is all sorted, with the worst case scenario being that extensive work is needed. I'm feeling sick with worry about this all the time - I feel completely trapped and every day that goes by all I can think about is my savings pot getting smaller and smaller.

The sellers of the new house have very kindly given me a few weeks to figure out a solution before they put the house back on the market.

This week, as a total wild card, my dad has very kindly offered to take out a mortgage on his house in order to loan me the money to go ahead with the purchase of the new house. This would allow me and DD8 to move into it and start our lives fresh, while the current house is being sorted out and any building work can take place, etc. But it would mean that - for an indeterminate amount of time - we have two sizable mortgages to pay. On paper it's an idiotic thing to do. But I feel completely trapped in this house and so devastated at the thought of losing the new future I'd imagined in the new one. So the options are:

  • Accept that the house chain has to fall through, and come to terms with not getting the house that DD8 and I have pinned our hopes on. But keeps the financial arrangements as simple as possible.
  • Accept the offer of help, move into the new house and hope that there isn't too long of both mortgages before the existing house is sold.
  • Open up the financial settlement again with ExDH and try to persuade him to contribute as least partly to the mortgage.
OP posts:
Beachlovingirl · 21/10/2025 23:12

its a shame when the other buyers raised the cracks in the chimney breast you and your ex didn’t just knock some money off so the sale still went through.

In that line of thinking I think you and your ex should agree a new low price that is likely to attract a buyer quickly and so you can move forward with your new house. Is that an option?

also I’m pretty sure if both names are on the mortgage and you don’t pay it that the mortgage company will come after him as well as you for payment

janiejonstone · 21/10/2025 23:25

Beachlovingirl · 21/10/2025 23:12

its a shame when the other buyers raised the cracks in the chimney breast you and your ex didn’t just knock some money off so the sale still went through.

In that line of thinking I think you and your ex should agree a new low price that is likely to attract a buyer quickly and so you can move forward with your new house. Is that an option?

also I’m pretty sure if both names are on the mortgage and you don’t pay it that the mortgage company will come after him as well as you for payment

I would have been more than happy to knock money off but they didn't give us a chance. We'd had three surveys done saying the cracks were fine as the buyers were planning to do work anyway. It was out of the blue that they said they were pulling out. I tried to negotiate but they said their decision was final, as a friend had advised them not to continue.

As things stand (and as I understand it) nobody would be able to get a mortgage or building insurance on the house as there are investigation works ongoing into possible subsidence. The estate agent has said that it can't go back on the market until this has been completed, but nobody seems to know how long it might take! But you have made me think that I should triple check this.

And yes he is liable legally, but technically there is cash in my savings that I can cover the mortgage with - I'm not in danger of defaulting for a long time. The issue is that I'll reach a point where I no longer have a big enough deposit for a new house.

OP posts:
trailblazer42 · 21/10/2025 23:44

I can’t really help but I do feel your pain about housing being so unsettled. I moved out last October into an Airbnb with no plan then secured a rental for at least six months. I started looking at a new build house in May - mine and DD16s dream location and house.

But buy out/property transfer has taken so long…I have to move out of the rental next week and into a horrible holiday let which is costing me my whole monthly pay so it’s not really sustainable. I have now got the developer to accept an offer as my conveyancer wrote to them saying I will get the money. They want to complete in four weeks but I don’t know if it will be possible and I am praying they don’t cancel my reservation as I’ll lose the house and £500.

I would accept your dad’s offer of help - it might not be the most sensible idea but the peace of mind will be immeasurable. I have exhausted so many avenues to try and get mine through just because of the well-being of me and my daughter.

Creu · 22/10/2025 00:03

Would it be possible to rent the house out? If yes, I’d be tempted to do that and move into ‘fresh start’ house.

BrokenWingsCantFly · 22/10/2025 00:30

On 1st thoughts taking up your dad's generous offer seems like the best way of securing the new home right now.
But. What if subsidence is found to be the issue? Can you afford to get this fixed while paying the 2 mortgages? Even historic subsidence issues can put buyers off so expect a reduction in value & a lesser pool of willing buyers. So potentially a long time to sell even when sorted.

If not sorted that could mean a reduction of 20% in value. Will you have enough equity after this to pay back your dad? Plus taking into account the much greater time it will take to find a cash buyer willing to take on this plus the renovations.

Probably best to wait until you know what your dealing with before pressing ahead with another house. If found to be no subsidence then you can get it back up for sale and take up your dads offer to secure the new house. If subsidence I would ask your dad if his generous offer could be used to sort this current house out. Including renovations. Get some estate agents valuation on where you stand with the valuation with all the issues. And the estimated value if all works are completed. Then see if it is worth it for you buy getting a few quotes to compare. Then you can have an easier time selling, greater equity at the end and potentially a higher budget to look for a new home.

You don't want to end up throwing everything into this each month. Swallowing up your savings and equity to continue paying a mortgage on it then a year down the line then reaching the point of nothing left to throw at it. Then it is too late to have the option of getting it sellable as you have another house to pay for and your dad is left with debt too.

BrokenWingsCantFly · 22/10/2025 00:33

Creu · 22/10/2025 00:03

Would it be possible to rent the house out? If yes, I’d be tempted to do that and move into ‘fresh start’ house.

The house is in an unlivable state with potential subsidence issues. She can not rent it out to anyone without doing the renovations

Beachlovingirl · 22/10/2025 07:41

@janiejonstone try and hurry along the investigation and if it is subsidence then get some quotes on under-pinning and have that done asap - your husband would pay half of that right?

even if you have a timeline for the work and it’s all booked in and you have funding, then accept your dads offer and take that other house. You could also get a bank loan because most of them you can not start the repayments for 3 months so it gives you some breathing space.

traintonowheretoday · 22/10/2025 08:28

Why not just put it on for auction? That way it’s some and seen -man’s the process should be quicker? Yes you might take a hit on the sale price but sounds like you are going to have to spend a lot as it is just covering these investigations and mortgage payments

janiejonstone · 22/10/2025 08:28

Thanks so much everyone, I really appreciate it. I'll take all your advice and try not to make any decisions until I know more about what I'm dealing with.

OP posts:
ClickClickety · 22/10/2025 16:52

What a horribly stressful time. Can you speak to your mortgage provider about going interest only for a few months, saying your husband is refusing to pay?

Bobbysmumma · 22/10/2025 18:09

Does your exDH need a good credit reference? If he’s stopped paying the mortgage, he might want to consider this and the impact for any purchase he makes should you not be able to continue to pay it considering it’s eating up your deposit money. What would he do if you told him you wasn’t going to pay it either?

Beachlovingirl · 22/10/2025 21:06

@traintonowheretoday what a brilliant idea! @janiejonstone get the house up for auction asap because even if you lose money you both lose money but the loss is divided by 2. With you paying this mortgage into this money pit house you’re losing all of it every month you make a payment - not investing in any equity because the house is a night mare. Your savings are being sucked into it every month. Your ex husband has put you in a really shit situation. What a bastard honestly.

janiejonstone · 22/10/2025 21:13

Beachlovingirl · 22/10/2025 21:06

@traintonowheretoday what a brilliant idea! @janiejonstone get the house up for auction asap because even if you lose money you both lose money but the loss is divided by 2. With you paying this mortgage into this money pit house you’re losing all of it every month you make a payment - not investing in any equity because the house is a night mare. Your savings are being sucked into it every month. Your ex husband has put you in a really shit situation. What a bastard honestly.

Thankyou. Yeah he's turned out to be utterly awful. I'll have a look at the auction option, that hadn't occured to me. I'll be taking the full hit on the equity though - the terms of the divorce settlement are that I get 100% of the equity in the house. It sounds like a good deal at first glance, but I'm receiving no pension share and only the legal minimum of CMA even though he's a very high earner (it works out as a out 6% of his monthly salary).

OP posts:
Achdinnae · 23/10/2025 02:40
  1. You need to report the subsidence to your own insurers at once. This is something new and investigations and repairs should be covered by your insurers.
  2. Your mortgage lenders wouldn't normally let you have two mortgages i.e. you need to pay off the first mortgage before being allowed the new one.
  3. Speak to a solicitor who specialises in property law.
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