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Separation, not married, 2 children & 4 properties - what do I do?

9 replies

purplegardens · 24/06/2024 09:59

I'm so sorry if I waffle but I honestly do not think I can do it anymore. I have no support, no family near by, just my toxic inlaws and I'm at my wits end with my partner.

We have been together for 11 years, cultural marriage not recognised in the UK, we didn't register the marriage.

We have two children 7 and 5. Both settled in school.

We jointly own our home worth £400k, equity of £200k in the house. The money to buy this house came from our previous home which was just in my name, previous home I paid deposit of 30k. Not ring fenced, I didn't know this was a thing.

We have 3 rental properties together. One in DPs name which he has had for 15 years and 2 in my name which we have had for a couple of years, all worth around £100k.

I earn £80k, DP is self employed, and earns around £40k. He manages the rental homes which bring in another £1.5k per month.

I think DP has mental health issues, I have supported him as much as I can, asked him to go to the doctors. Deep down he is a good person, helps around the house but recently been too eratic with his emotions, one minute I'm at fault for everything, next minute he loves me to death. He has closed off all his friends, he doesn't like them anymore for some reason. He barely sees his family. If I go to get some space and visit his family then I need to decide with him and get his permission although hes previously said he wants me to spend more time with his family.

He did start taking something for a hormone imbalance but ordered it himself online. I shared my concerns and he stopped taking it and how his mood is off again and now its all my fault again. When his in this mood he can't engage with the children either.

He doesn't see that the life we have built we did together but for some reason he is always unhappy with something and it's affecting my children now, especially my eldest.

I think becoming a parent has been hard for DP but who isn't it hard for? I thrive in motherhood. He loves spending time with DCs but lately its all been a bit much for him. I have asked him to spend time with friend to break up his routine, but he says he only wants to spend time with me and his children. I feel so trapped. If I take children out I feel like i need to rush home to have our family dinner together.

DP used to be so happy go lucky and I feel like I've lost everything. I now need to think what is best for my children. They love their dad but eldest lately has also said he seems different. Also to clarify there is no other woman, sometimes I wish there would be so he can find something to make him happy.

So what do I do? Fix this somehow for the kids? If we separate does he take half of everything because I am a higher earner? I'm not sure what to do or how I even ask him if he wants to part ways. I think he likes the thought of a stable family at home but I just find him too controlling now. I want the kids to stay with me, I think they would be scared to spend more than a day alone with him, not because of anything other than they find comfort in me, I am their mother, I know their needs, DP does do things for them but don't think he could cope having them alone for more than one day at a time.

OP posts:
izzygirlis4 · 24/06/2024 10:26

If you aren't married you walk away with what you legally own.
So half the jointly owned home and both your rentals.

Octavia64 · 24/06/2024 10:31

If you are not legally married in the U.K. then you own two rental houses he owns one. The joint house would be split according to ownership.

You can separate very very easily.

As you are not legally married he cannot take half or everything, he gets what he legally owns.

purplegardens · 24/06/2024 10:56

Octavia64 · 24/06/2024 10:31

If you are not legally married in the U.K. then you own two rental houses he owns one. The joint house would be split according to ownership.

You can separate very very easily.

As you are not legally married he cannot take half or everything, he gets what he legally owns.

What about the children?

OP posts:
Octavia64 · 24/06/2024 11:06

With respect to the children:

Does he have parental responsibility? (Is he named as the father in the birth certificate?)

You automatically have parental responsibility presuming you gave birth to them.

If you can agree on child custody great, if not then ultimately it goes through the courts.

Hoppinggreen · 24/06/2024 11:10

You own 2 1/2 houses and he owns 1 1/2 houses.
You need to discuss child arrangements and payments etc. As the higher earner you may need to pay a contribution if he has the DC more than you do or if its 50/50 or more for you I don't think you have to pay anything. If he has the DC less than 50% he may need to contribute.
Its at this point that some previously negligent fathers become dad of the year and insist on 50/50 .
Seek proper legal advice as well

purplegardens · 24/06/2024 11:12

Octavia64 · 24/06/2024 11:06

With respect to the children:

Does he have parental responsibility? (Is he named as the father in the birth certificate?)

You automatically have parental responsibility presuming you gave birth to them.

If you can agree on child custody great, if not then ultimately it goes through the courts.

Yes he is named on both certificates, he is their biological father.

I don't think he would even care tbh as long as he saw them from time to time. Could I eventually not move away, I'd like to get away from the inlaws too.

OP posts:
Wontletmeusemynormalname · 24/06/2024 11:17

You can move away, he could go to court and try stop you but by the sounds of things he wouldn't. Have you family in UK that are supportive.

You are in such a good position, I wouldn't think twice. Ensure you have all title/deeds to the properties you own though. Would he or his parents likely buy you out of the family house?

purplegardens · 24/06/2024 11:49

Wontletmeusemynormalname · 24/06/2024 11:17

You can move away, he could go to court and try stop you but by the sounds of things he wouldn't. Have you family in UK that are supportive.

You are in such a good position, I wouldn't think twice. Ensure you have all title/deeds to the properties you own though. Would he or his parents likely buy you out of the family house?

No they can't afford to.

I'm not sure if I can buy him out either, do I just pay his half of the equity? Not sure what that entails exactly.

OP posts:
Wontletmeusemynormalname · 24/06/2024 15:11

purplegardens · 24/06/2024 11:49

No they can't afford to.

I'm not sure if I can buy him out either, do I just pay his half of the equity? Not sure what that entails exactly.

Exactly that, so you either remortgage in your name only for current outstanding mortgage amount + 100k. Or sell your properties and give him the cash or sell the family house and what's left after fees etc is split 50/50.

Personally I would keep your properties as they are providing income and you never know how the job market will be, so it's a safety net for you. And as you want to move away anyway, it makes sense to just sell the family house.

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