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Original poster

Partner left, need money advice please

14 replies

Questionseeksanswer · 10/06/2022 20:54

I’m asking this on behalf of a friend. She has 2 kids one 8 and one 10. Her partner left a few weeks ago. At first he was saying he would help with the house etc. Now he’s wanting her to sell the house to divide the equity. Does anyone know where my friend stands legally? They are not married. House is in both their names. She cannot afford the mortgage on her own but would also not be able to buy a 3 bed house on her wage if she sold. Especially with house prices as they are. There’s not much equity in the house so she wouldn’t have much of a deposit but her ex seems desperate for whatever is in there. Appreciate any responses I can pass on as she is worried where her and her kids are going to live. Thanks

OP posts:
JamMakingWannaBe · 13/06/2022 16:10

If she can't afford to stay in the house, she needs to sell it.

She needs to start a Child Maintenance claim and check her entitlement to any benefits.

She should get help with her rent and childcare.

She needs to start looking for suitable places to rent and get the house marketed for sale.

Any savings over £16k - which the equity might be - will reduce her benefit entitlement.

ivykaty44 · 13/06/2022 16:14

is your friend working for wages anywhere?

liok at entitled to for estimate on how much can be claimed

uC and council tax relief along on top of single person council tax charge

if not married it’s different rules so maybe seek solicitor help and advise as to house and whether she can stay living there ??

Villagewaspbyke · 13/06/2022 16:15

She will need to sell up and look for rental properties if she can’t afford to keep the house. She may get some help with benefits- check entitled to.

Oldfilmsareshit · 13/06/2022 16:16

She might not necessarily have to sell it - potentially can get a mesher order which ensures the children have a place to live until a certain age. She needs to find a good solicitor, spending a few hundred pounds up front will protect her money in long run

Dominuse · 13/06/2022 16:19

Oldfilmsareshit · 13/06/2022 16:16

She might not necessarily have to sell it - potentially can get a mesher order which ensures the children have a place to live until a certain age. She needs to find a good solicitor, spending a few hundred pounds up front will protect her money in long run

This

PaddingtonBearStareAgain · 13/06/2022 16:20

Oldfilmsareshit · 13/06/2022 16:16

She might not necessarily have to sell it - potentially can get a mesher order which ensures the children have a place to live until a certain age. She needs to find a good solicitor, spending a few hundred pounds up front will protect her money in long run

OP has said she can't afford the mortgage.

PaddingtonBearStareAgain · 13/06/2022 16:21

Also not being married maybe an issue. They need legal advice.

toddlingabout · 13/06/2022 16:33

She may be able to afford the mortgage with child maintenance, her salary and UC?

toddlingabout · 13/06/2022 16:37

She should try her hardest to buy him out and keep the house. If she claims UC her equity will be counted as savings if she sells and has it as cash in the bank. That equity will then slowly disappear away until she has nothing.

Definitely look into protecting the house for the children. If she can meet the mortgage payments and have something written that she owes him his equity when the kids leave home. She needs his name off the mortgage though asap or she will end up owing him half the house when she has paid most of the mortgage.

Villagewaspbyke · 13/06/2022 19:00

PaddingtonBearStareAgain · 13/06/2022 16:20

OP has said she can't afford the mortgage.

Show quote history

Mesher orders are rare these days and are only for married people. Also you need to be able to afford the mortgage repayments which she can’t.

rowkaza · 13/06/2022 19:30

Are they his kids?

toddlingabout · 15/06/2022 14:53

I was querying if the OP has worked out that with child maintenance they can't afford the mortgage. CM is not taken into account when benefits are calculated, so depending on how much that is, she might be able to take on the mortgage.

OP, have you checked this?

Also, worth doing a benefits checker, to make sure you are getting everything you are entitled to, from Free School Meals and pupil transport to water caps etc.

Is there a family member who could lend you the money to buy him out the equity.

Trust me you want to stay in the house if at all possible.

toddlingabout · 15/06/2022 14:55

If she has to leave then as a back up plan get her to contact the LA and get on the housing register for a council house, but it's a long wait generally.

passport123 · 15/06/2022 14:56

She's not married unfortunately so not entitled to anything other than maintenance if he's the Dad. House has to be sold, she gets here half assuming they own it 50:50 and she buys what she can. This is why you shouldn't have kids unmarried - you can be screwed if he leaves.

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