Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

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

Husband wants out but wants to sell home

51 replies

LostOnLand · 24/01/2015 18:27

I've been in therapy and it has prompted discussion of our relationship. I very much feel alone and unsupported, no major problems otherwise right now. I have terrible depression and have been very withdrawn. I can be hot tempered but actually I'm much more aware and in control if this - it's a big warning sign of bad depression for me and I only fully accepted I had depression after having my second child. I was very angry and depressed when I met my husband so he knew how bad I could be and I'm a lot calmer and more careful. I didn't want a relationship initially but he pushed hard and I caved. He said he had premonitions of us marrying and having kids after only a short time after meeting. He proposed after eight months too, although we waited to marry, well we married a little quicker due to an unplanned pregnancy. We had a tough time with his family and I've never forgiven them, for their reaction to the pregnancy, prior to that they were very supportive.

I saw my therapist yesterday and had a bit of a breakthrough. It boils down to people projecting on me by using my insecurities/low self worth. I have a history of being the black sheep/scapegoat. I know my husband doesn't like me, he acts like I'm an awful person so is perpetuating my self hatred. Some of his views I suspect come from his family, his sister who really doesn't know me but accuses me of being controlling when I'm not - she was very controlling and manipulative according to DH, whereas he'd never allow me to boss him around, partly his baggage from a previous relationship where he was bossed around and manipulated too.

I'm also suffering with chronic pain and mobility problems caused by my second pregnancy/birth. I had surgery a few months ago and haven't had the relief I'd hoped. I know he's fed up of picking up the slack with housework and childcare. He works full time so I do most of the childcare, I gave up work as nursery was too expensive. My eldest is in school so I am considering how to get back to work.

Our mortgage is low and we live in London so I think it's best for me to stay here with the kids and DH to look at a flat share to make it work financially. He wants to sell and buy two separate flats. I'm pretty sure he can't make me agree to sell, both names on mortgage, and the courts usually allow the main carer to stay in the family home. He disagrees. He's also not going to change his mind. I'm obviously devastated but have yet told anyone, I just want to know that I can at least stay. If he make me move I will have to move away, probably near family and away from school and DH, or can he stop me doing this?

OP posts:
Vivacia · 24/01/2015 18:31

He can't stop you from moving where you want to go.

What is your argument for you keeping your joint home and him living with flat mates?

AskBasil · 24/01/2015 18:34

See a solicitor.

It doesn't matter what he thinks, it's what a court thinks that matters.

Get a solicitor who is on your side.

CarbeDiem · 24/01/2015 18:36

Sorry you're having a tough time.
No he can't force you to sell up and he couldn't stop you from relocating within the same Country. You really need to go and see a solicitor.

Take care

Twinklestein · 24/01/2015 18:37

It is possible that you would be awarded the house until your children leave education.

If you can't agree, it could be left to the court to decide.

But if you wanted to move nearer your family, he can't stop you.

Tryharder · 24/01/2015 18:41

Not sure how fair it is for you to live in the nice nearly paid off family home while your DH has to move into digs.

How will he be able to have overnight contact with his DCs if he has nowhere to take them? You can't possibly expect him to look after the children in a flat share!

His idea is fairer and more sustainable.

BitterAndOnlySlightlyTwisted · 24/01/2015 18:42

No, he can't stop you moving and he can't force a sale of the family home without your consent unless he's prepared to go to court.

Have you looked into the possibility of a Mesher order? Where you get to remain in the family home until the kids cease to be dependent? I'm not certain but I believe that this would entail you being solely responsible for all of the mortgage-payments in the meantime.

It goes without saying that you staying where you are and him going into a flat-share seems incredibly unfair just to make it "work financially". Make it work financially for whom, both of you or just you and the kids while you're a SAHM with no income of your own right now?

If there's enough equity to allow you to separate your finances and acquire separate homes I can't see what's wrong with his position.

emotionsecho · 24/01/2015 18:44

If he went into a flat share with mates would it be viable from him to have the children to stay?

The court now take into consideration the need for the other parent to provide somewhere for the children if they are having access, particularly overnight.

You say he won't change his mind, do you mean about the divorce or about selling the house? Is there any way you can talk about the house situation and reach an agreeable compromise?

Viviennemary · 24/01/2015 18:45

I agree that I can't see how it's fair for you to remain in the fully paid off house and for him the sole wage earner to move out into a flatshare. But a court will have to decide this. You've been through a tough time but still have to come to an agreement which is fair to both people.

BlinkingHeck · 24/01/2015 18:45

Is property cheaper where your family live? Could you sell up and move and buy a better place than if you have to sell and buy a flat.

Vivacia · 24/01/2015 18:47

His idea is fairer and more sustainable.

On the face of it, I would agree.

magpieginglebells · 24/01/2015 18:49

From what you've said I would say it's fair to sell and both have a property. If he has a flat share where will he see the children?

Nolim · 24/01/2015 18:50

Can you buy him out?

MovingOnUpMovingOnOut · 24/01/2015 18:53

Can you afford to buy him out?

SexOrTaxRelief · 24/01/2015 19:01

Your personal and separate financial dynamics will come into play, if you cannot agree and it has to go to a Court Order. If the property is high value and low mortgage then in theory there may be enough equity for it to be sold and you have a larger proportion and he a smaller, which he can top up by mortgage if earning enough. Age differences may also be a factor - if you are younger and he is older, such that he may reach retirement age 20 years before you when you still have earnings capacity. Your mobility may also come into play. You do need advice and it needs to be good legal advice - so often it is not and avoid a solicitor (on either side) who drives the 'fight' and thus their fees. This does happen, even today, and legal costs can run into tens of thousands. If there is enough equity in the home to allow each of you to be rehomed, then I think it is unreasonable to expect to hang onto your home. Nothing is impossible though.

Nextwednesday · 24/01/2015 19:08

Don't assume the main carer gets to stay in the house. My case went to court and it was ruled that the family home be sold. I have three young dc who remain with me.

LostOnLand · 24/01/2015 19:26

I gave up work so no independent means to buy him out. It would cost about £150k I guess. I'm suggesting him finding something local so he can be close and spend time here to see the kids, the only thing that would make financial sense is a teeny bedsit or flat share, it's london and it's how we lived pre marriage and very normal for even high paid professionals. Once I get back to work or sort benefits or whatever it may be easier. But two flats would cost £600k here and we would need £400k on a mortgage, he doesn't earn that much and I don't stand a chance of earning £50k to service a £200k mortgage. If I'm forced out then I will have no choice but to take the kids far from him and that's far worse than compromising on his living arrangements - well it's him saying he can't afford to move out so I suggested finding something close but cheap so he can visit, it's only the weekend as he barely gets home before bedtime. We actually get on very well really, being parents has just become more of a priority than being married and has killed our relationship. He doesn't believe our marriage should be prioritised, he doesn't see that a strong marriage is the backbone of the family, Our eldest still wakes in the night and it's killing us, he's awful when he doesn't sleep and we end up falling asleep in the evening to catch up rather than spend any time together. If I try to talk to him and the kids interrupt he will listen to the kids and ignore me.

If it was my choice to leave I wouldn't insist on staying put at all, but I would have to take the kids away and I'll be labelled as terrible for doing that too.

OP posts:
LostOnLand · 24/01/2015 19:30

The other option is for me to leave but again I'd be labelled as an awful mother and I don't think I could love with myself.

OP posts:
Vivacia · 24/01/2015 19:30

Given the solution you describe, why not get the flat share, but each of you live there some of the time? Is it called "bird nesting" or something? I've heard that it's not really ideal for most people, but works brilliantly for others. It pretty much meets your requirements.

LostOnLand · 24/01/2015 19:30

Live

OP posts:
catrin · 24/01/2015 19:32

Short version - My solicitor said I could not stay in the house as if ex did not get his equity, he was unable to maintain an equivalent standard of living to mine and a court would take a dim view of me expecting to stay in the family home and for him to not be able to afford a reasonable home.

If you need to leave London, then leave. You need a home, so you need to go where you can afford one and if you have no work ties, you are in a flexible position.

feministwithtitsin · 24/01/2015 19:34

I do hate to say this, but you sound very self-absorbed. You focus purely on what you want, how you feel. You don't even touch upon how your wanting to stay in the family home affects your husband or children. You don't acknowledge he couldn't share custody (no place for the kids to stay) if he had a flatshare. Or the aggrevation that could be caused by an enbittered battle for the house and how that would emotionally damage your children, only that its better, financially for you. I'm not saying it isn't the best option for you and the kids to stay put, but have you considered it from all angles?

I'm sorry you have been struggling, but please allow room in your head for the people who are also affected by your decisions.

Jux · 24/01/2015 19:44

You can't really have your cake and eat it, but it sounds like that's what you want.

You can't afford to keep the house, you can't afford the mortgage at all so are you expecting him to pay it while he camps in a bedsit? That is so unlikely to happen. If this split is definitely happening, you're going to have to be a lot more realistic and fair about things.

LostOnLand · 24/01/2015 19:50

I'm actually really struggling because of the kids, moving them out of their home and school and away from their dad. I want to stay because it's most stable and actually it's far more affordable, we're actually only in a two bed flat so hardly much standard of luxury unfortunately. We couldn't afford a three bed house, even together. We could probably rent another two bed for DH but it would be very tight. If I can find some work and apply for tax credits etc I can afford it without help. DH could then take our savings and buy a place with a mortgage which he can afford as he's continued his career. But I can't stay close by if I'm forced out and that is worse for everyone.

OP posts:
Pensionerpeep · 24/01/2015 19:59

This reply has been deleted

Message withdrawn at poster's request.

LostOnLand · 24/01/2015 20:01

It's not my decision. I was stupid and believed it was forever. I was stupid to give up work and think I'd be ok after until I could get back to work. I saved us a lot of money while at home but it isn't worth it. If we can stay I can keep our family close together, if not we can't afford to live here and will be four hours drive away from DH. There's even a chance the flat is worth far less, almost worthless.

OP posts: