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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Is H having his cake and.....

282 replies

womblingfree1970 · 17/02/2011 09:21

A bit of a complicated story.H and I split several years ago.Broken trust on both sides.Both of us had caused issue in our marriage.So we seperated and were heading for divorce.

I stayed in the home with our young children and he moved out.Our house was a mortgaged home and so I knew(sought legal advice) that when the youngest reached 18 I would have to sell up or pay H his share of property.Since split I have been a single mum.So I've been the one bringing up the children(visits to dad),providing for the children financially,emotioanlly.Upkeep of home etc etc.The only thing he has provided is £5 a week child support and the odd contribution to school trips where he's paid half.

The £5 a week is a bit of an issue as he earns £40,000 a year but because of a totally legal loophole he only has to declare minimum wage and so only has to pay minimum child support.And yes its totally legal and there was nothing I could do about it.

Well a few years down the lines and we've decided to give things another go.We have been seeing each other for more than a year and a half.The arrangement has been that he comes over and sees me and kids.We go out for day trips with the occasional overnight stay during week and things have been going well.Of course the aim being that we get back together if things go well.And things have been

Well last night we had a chat about our future and what next.H drops a bombshell that although he would like to move back in eventually he doesn't see a way foreward because if he moves back in he has to give up the flat he is in now and so if things don't work out he then has no home and the place he is in now is cheap rent and he'd be very very lucky to get somewhere like that again.Also if he moves back in and he loses his job(he's self employed) and then we split he would then be in the position of no job and no home.He said he can't think of anything to sort this out.

I can understand the reasons for the latter.Its because when we split several years back he had no job and no where to go but because of the circumstances(which were his doing at the time) he was the one who left and he had to move in with a sister.This sister has now moved abroad so if this were to happen again he really would have no where to go.

So yes I understand his situation and the difficulties with it but on mine and more importantly the childrens side of things,we can't live like this forever.Where I am basically living as a single mum,bringing up the children but he pops around to see us.And he has only himself to look after and do as he pleases in his home.One of my thoughts are wouldn't I be better of going it alone and building a new life where I could potentially meet someone new.

So to sum it up I'm the one looking after the children full time(fiancially and emotionally) and maintaining the home(fiancially and general maintainance like decorating etc).And he is living in a flat where he only has himself to look after and spend the evenings watching tv or sleeping.Paying me £5 child support.

Isn't this him having his cake and eating it.

OP posts:
caramelwaffle · 17/02/2011 22:24

Based on the details you have given of his income you do realise (making assumptions of outgoings to be circa. £500p/m for him - he has been able to squirrel away circa £20 000 per annum.

That is £100 000 over the five years you have "lived separately"...

It's not chump change is it?

caramelwaffle · 17/02/2011 22:26
dittany · 17/02/2011 22:29

This reply has been deleted

Message withdrawn at poster's request.

caramelwaffle · 17/02/2011 22:29

Oh actually, it is more; he has not been honestly declaring the tax.

womblingfree1970 · 17/02/2011 22:30

dittany

Deeds are soley in my name and are with building society we had mortgage with.Left a £1 on morgage that way deeds are looked after securely for free with the mortgage lender.I have access to them as I'm the only one named on them but he has logged an interest with land registry.

OP posts:
dittany · 17/02/2011 22:33

This reply has been deleted

Message withdrawn at poster's request.

Portofino · 17/02/2011 22:33
Portofino · 17/02/2011 22:34

Is your house worth much wombling?

Portofino · 17/02/2011 22:34

You don't have to answer that question out loud.

dittany · 17/02/2011 22:35

This reply has been deleted

Message withdrawn at poster's request.

Portofino · 17/02/2011 22:38
Wine
PeterAndreForPM · 17/02/2011 22:41

ahhh, wonderful Mumsnet Wine

Wombling, have we managed to get you to face any uncomfortable thoughts ?

This must be very hard for you. Until you posted this thread, you thought you were both working towards renewing your relationship. It is clear that isn't the case at all, I am very sorry

dittany · 17/02/2011 22:42

This reply has been deleted

Message withdrawn at poster's request.

PeterAndreForPM · 17/02/2011 22:49

oh, I love fruit wine

particularly damson

< reckons now might be a good time to get through some of Dittany's woman-of-mystery force field >

am a namechanger, btw, not a random weirdo

well, no more weird than before the name-change, anyway Smile

womblingfree1970 · 17/02/2011 22:55

PeterAndreForPM

Yes its made me realise alot of things.Some I already realised like it wasn't right to ask for half towards a holiday.But the rest I really didn't see.

As for is house worth much.Its ex council property and bottom of housing ladder.Can't downsize or I would and pay him off.Is the lowest council tax band as well.But because its paid of a 60/40 split in the market about a year ago would mean I owed him £40k as it was worth 100K approx.If it was based soley on property and nothing else.Not sure what its worth now as haven't really looked into it in the recent climate.

I brought it(got a mortgage) 15 years ago for 25K + 5K deposit.How house prices have changed.

But as I said couldn't downsize or pay him out now.Wish I could.

OP posts:
PeterAndreForPM · 17/02/2011 23:01

but you don't have to

I don't understand why worry about a house now is making you consider letting him snake back into your life permanently, seriously

although I reckon your version of "permanent" and his are two very different things...

camerondiazepam · 17/02/2011 23:01

You shouldn't bloody have to buy him out, he's been giving you five frickin' pounds a week for 5 years, sure some one up-thread worked out he owes YOU 100k.

Get some proper legal advice, I think you will find yourself in a much stronger position than you seem to think at the mo.

womblingfree1970 · 17/02/2011 23:04

Thanks everyone for advice and will seek legal advice.Off to bed now.Night all.

OP posts:
PeterAndreForPM · 17/02/2011 23:05

night x

caramelwaffle · 17/02/2011 23:14

Night

RRocks · 17/02/2011 23:49

Tell him not to worry. If you split up again and he loses his job, you'll send him a fiver to live on every week. Or maybe £5/number of your children?

Alternatively, consider whether you are worth more than the lack of consideration, support and commitment he offers, and get yourself a new life. Smile

QuintessentialShadows · 18/02/2011 07:05

Womblingfree, this is a greedy man. Greed is a despicable trait in a person, especially one who puts himself and his own greed ahead of the welfare of his own wife and children.

Sad Do seek legal advice. Preferably a different lawyer this time.

ScaredOfCows · 18/02/2011 07:45

I seriously hope that over 170 posts of people saying exactly the same thing has made you realise that this man is just out to shaft you.

I would suggest getting legal advice off a couple of different lawyers, just in case you get a dud one again.

How did you feel when he registered an interest with land registry? Did you get any neon warning signs flashing??

dittany · 18/02/2011 08:24

This reply has been deleted

Message withdrawn at poster's request.

FakePlasticTrees · 18/02/2011 08:30

Honestly OP - over and over again, if he is entitled to 40% of your house value (so £40k) you are entitled to 40% or more of his business and it's cash reserves, which another kind MNer has worked out to be £100k so that'd be £40k back - a good solicitor will do a deal to say you get the house, he gets the business.

I also suggest you keep it quiet that you are getting legal advice and that his business would be considered in the divorce, it would be tempting for him to take a work holiday, but continue to pay himself a wage from his company, thereby running down the company's savings and reducing it's value. (Perfectly legal, DH knows a contractor who does 6 months working, 6 months off, paying himself a constaint wage through the business.)

As someone else said up thread, you see it as what's yours is his and what's his is his. The law doesn't see it that way!