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Rehousing both parents after divorce

30 replies

Homeforkids · 04/09/2017 16:43

Sorry for the big long post but I am hoping some people will be willing to read my story Wink.
I am currently separating from my wife after 8 years of marriage. We have two children aged 4 and 6. We are both still in the family home. She hasnt worked since having children and I earn about £5k a month. She used to earn around 30k. The house is the only asset (joint mortgage) apart from small pensions, hers is larger. The issue with separation/divorce is what happens in regard to housing? She wants to stay in the family home and have me move out as soon as possible. She has no interest in working and wants to try and survive on benefits and perhaps from fostering but that brings in little. This means she would not be able to afford to take over the mortgage, get one of her own or buy me out. This leaves me stuck on the mortgage and without a deposit unable to get my own mortgage and forced into rental. The issue I have with it we have a 4 bed house in an expensive area. For our children I would argue only a 3 bed is needed and I would also desire to have a 3 bed with a garden so I can provide a home away from home when I have the children. I don't want to take them to a small rented flat. The options are if she doesn't work I am stuck with that situation. But if she did work she would be able to get a mortgage by selling the family home and downsizing to free up the equity (about £200k-250k) for both of us to be able to rehouse. I am happy for her to have the greater share as she will be the main carer so split about 60/40. All I want is around £60k for a deposit. A decent 3 bed in a cheaper area but not too far away would be around £200k-£250k. She would have around £150k or more deposit so can have a smaller mortgage. If we say she can earn £25k she could get about £80k mortgage. She can also have the house contents like furniture etc. and I start again. I think I am being fair. I wish we could keep the home but realistically that means I can't rehouse. My fear is having a 'mesher order' where the court allows her to have the house until the youngest child is 18. That leaves me unable to get my own mortgage or house for 14 years! Anyone been in a similar situation? It really comes down to her working or not working? I feel she is using fostering partly to argue she needs a 4 bed house and benefits to keep her from getting her own mortgage. She argues she doesn't want to work as she wants to be home for the children and moving house will be disruptive to the children. Unfortunately I feel they will be used against me. Both are now in full time school. How will the court look at this if it got to that? It would be easy for them to apply a mesher but would they take into account that I need somewhere to have the children based on she is able to work and look at her 'earning capacity' instead? I wouldn't expect her to be able to earn what she did previously and I am also happy for a period of 'retraining' to get her back into work with me still paying for everything. She seems to be unrealistic that she wants the current standard of living to continue and not work and stand on her own two feet! It seems very wrong that it could very easily end up me walking out the door with nothing but my wardrobe. I would argue she is denying me a good relationship with my children. I want to be involved properly in their lives, take them to school, hang out at home etc. Not just the weekend Dad that takes them on trips. The court will either rule keep them in the house as it would disrupt the children and she can't afford anything else. Otherwise can she be 'forced' back into work as there is no reason she can't and it is now seen as beneficial to the children to have good contact with both parents? I have sought legal advice and my solicitor has advised that what she wants is unfair but hers had advised that the court will just let her stay as she can't afford it? To add of course I will be paying maintenance to her. Just to add to the mix, there is also a chance if I change jobs my salary would likely decrease by at least half and we would be unable to sustain the current high mortgage. Would like to hear of your experiences and thoughts as even the solicitors don't seem so sure!

OP posts:
NotSureIfiAmWell · 05/09/2017 23:49

My solicitor has said that l do not have a legal right to stay just because l have the children but if l can prove l can afford to stay then hopefully STBX would agree. If he doesn't the court will decide what is in the best interests for the children

Oldie2017 · 06/09/2017 06:59

That sounds about right to me, NotSure. I was lucky that I had always worked full time (we both had) s I could afford to buy my ex out but he earned less (he is a teacher) so he could not afford to buy me out so I stayed in our and he bought another from the divorce pay out. Most couples cannot afford that.

Had we both been able to buy the other out you then do get a dispute over that as often teenage children (our older 3 were teenagers) want to stay in their home -they are attached to the place more than the parent (!!).

Usually it's that neither can afford to buy the other out and the house is not massive and it's reasonable whoever the children lives with stays in it if and only if the two parents between them can manage to pay the mortgage/maintenance to help cover it.

Homeforkids · 07/09/2017 22:49

I am trying to look at all options and have been looking at rental for me also. Any decent rentals don't want children and the ones that do are very average. I really want to make a nice place for when the children are with me. I feel the ex knows if she doesn't work and relies on benefits and maintenance that she will not be able to get a mortgage leaving no choice but for her to stay in the house. I am willing to hand over most equity, pay the mortgage, bills and maintenance etc. I am finding it frustrating that there is the possibility of rehousing us both - it won't be easy but not impossible. It still seems zero compromise from her side. The house selling when youngest is 18 seems the worse option, kids more attached to the home and aware. Both of us in would be our late 50's at that point making it virtually impossible to get a mortgage. Do courts consider good contact for each parent and accommodation?

OP posts:
imjessie · 07/09/2017 23:38

She can't Expect you to pay her mortgage and not work surely? How will you afford to support all that on £5k a month ? Tell her to downsize or get a job!!!

Homeforkids · 11/09/2017 23:26

I forgot to mention she will be getting something like £15K in maintenance probably more. So she would not need to earn much to get into a position for a small mortgage. If a mesher was applied we would both be in our late 50's when our youngest reaches 18. So both of us would unlikely be able to get a mortgage at that stage of our lives.
A mesher gives an order to sell later but isn't it better to do now. It seems very damaging to just delay it?
She thinks she should get 100% while taking the benefits route? Surely that cant be right? Anyone else been through similar?

OP posts:
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