Divorce, house sale, both on benefits , not enough to buy new property

[Helpmeunderstand92724]

I'm posting this on the divorce forum too . Currently due to start divorce process. Both still living together, have 2 teens..
Background, both worked full time, own a home outright with no mortgage currently worth 300k.
Since buying the house , we have both had serious changes in circumstances.
My husband has been off sick from work for 4 years due to ill health (mental health). He receives pip and we have been struggling living off my wage.
Myself , I have also now just finished workingdue to a chronic disability. I am claiming contribution new style ESA in the support group and once divorced will also need to claim universal credit. I have no savings, no pension.
Once the property is split 50/50 we will get 150k each minus fees etc. This is not enough to buy a 3 bed property each .
Neither of us would qualify for a mortgage . Renting , would have to be paid out of the house sale money but wouldn't last forever. Would a guaranter be required as neither of us have anyone that could do that.
I know we are very lucky to own a property outright but neither of us have an income /financial stability for the future and unable to work. Neither of us could buy the other one out . Any suggestions?

The reason I've put 3 bed is everything I've read about divorce courts say the judge expects you to provide a bedroom each for them.
I have been looking at 2 beds and I'll sleep downstairs

Well you arent working so its going to limit your options.

If you want to buy...
You need to look at what you can afford.

i would say 2 bed ot 1 bed can work.. you need to see if you can put up dividers and you may need to sleep in the living room.

Or look at cheaper areas / homes in worse condition etc.

Circs are much better now but when my mum left my dad... I lived in a 1 bed with my mum and brother for a few years. my mum and i shared a room my db got the other one. i was a teenager / in my 20s... it wasnt ideal but you do what you have to / what you can afford 🤷🏻‍♀️

We already live in a cheap housing area.
I haven't included the reasons for the divorce, there is no violence but the situation is now unlivable and the children are very unhappy. Both would want to stay with me on the whole

Disregarding your soon to be ex H situation, you would be in a much better position if you were able to get even a small mortgage. Unless your health issues are life limiting surely there is some job you could do even part time? I speak as someone who has a chronic life limiting illness myself, not working will be an absolute last resort 😞

Shared ownership may be a solution for you, look into the options where you are

If I can get a smaller property there will be no problem as there are properties i can get for 150k and below with 2 bedrooms. I just thought the judge would insist on 3

Can the judge insist on what you buy or where you live?

Over the age of 12 (I think), it is recommended that opposite sex children have separate rooms, but there’s absolutely nothing to say that you have to have your own room, so you could share with your daughter or sleep in the lounge.

Share with your daughter and your son has a room. Is you ex DH under a mental health team?

A judge would only get involved in living arrangements if there was a dispute of some kind.

I’d buy a smaller property too rather than run down my only savings in rent. You don’t have prospects of rebuilding that money by the sounds of it, so you’ll be trapped in long term rentals forever. Use every £ you can you get yourself somewhere that’s yours. Plenty of children grow up in two beds with 3 kids.

Hell, those of us that boarded shared a room with many more kids than that. I shared pretty much constantly, until I was 19, even shared in first year of university.

If you and your ex agree the financial split then there is no need for a court judgement.

It is of course necessary to see a solicitor and get the agreement drawn up as a financial order which would be put before a judge to sign. This won't specify what each of you are buying just what the financial split is. A judge would review if the finances are reasonable, given you will have more residence of the children.

They might also want to consider if your ex's pension has a CETV and if this is being put into the pot.

Ages of both of you might be relevant and likelihood of each of you working again.

Is your DH able to look after the children? Could you both buy a two bed property close to each other and one child stays with each of you? Then when you have time together you/ your DH can sleep on the sofa

Look at shared ownership. Use your share of the house for the “buy” part, and you might be able to claim UC for the rent part.

Could you agree to split the house 50/50 when it's sold - but keep the house until the kids leave home. Divide all other assets, then one of you lives in the house one week with the teens, the other lives in a one-bed rented. Then you swap homes the next week - and both pay 50% of the cheap renting bill. At least until the kids leave home

I’d try to buy a 2 bed with one big bedroom that can be split, either by a cheap partition wall, or Ikea kalkax shelving which would also provide storage.

They can still take rent upfront, the changes have not come into effect yet

2 bed and you sleep in the living room if rooms can’t be divided easily

If the kids will be with you on the whole then you need more than 50% of the equity to adequately house them!

The judge can’t direct you to buy a certain type of house - why would you think so?

If kids are staying with you why do you assume that a fair split is 50/50. Usually it is more to the parent with resident kids.
If they are not staying with their dad, he doesn't need as big house.

Two bedroom with one room that can be divided in some way? Lots of ideas in Pinterest

If the children are staying with you more or ex is not a fit parent then you could argue for a higher split of assets. Don't forget pensions can offset equity if needed.

Tbh I would see if I could stay in the house.

If you both just going to end up renting and slowly spending all the money on living i would try to convince ex to give you the house or allow you to live in it until the kids move out. Offset as much as possible by giving him as much as you can both afford to get a bedsit or similar.

All depends on your relationship really, the kids sound old enough to decide and if ex knows they want to stay with you could this could sway him?

He may need to award the house to you in order to get benefits. Surely this is a better option then both of you losing all that money which seems the only alternative?!

This. Try to get the ex to agree no sale until the kids are out.

You can only get what you can afford . It's that simple and divorce makes everyone poorer.