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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

What would you do? Marital home-should I stay or should I go

4 replies

fantasyworld · 24/09/2015 09:28

Have posted in divorce and separation, but thought I'd post here as well, please delete if not appropriate.

My XH and I have separated in April. We have a 4 yr old DD. Up until we separated, we had been living in a one bedroom flat. Days after the separation, he offered to move out and stay with friends- I was relieved that I didn't have to ask him to leave, even though it later transpired that he thought he was just "giving me time" to think it through. In any case, he stayed living with these friends, but will have to leave within the next month or so. My XH took a mortgage on the one bed where I am still currently living with our daughter about eight years ago. He bought it in his name, and my name was added to the mortgage (but not the land deeds) when we married one year later. Two years after us moving into the property, he lost his job. He spent the following six years trying to get a business off the ground. Long story short, I have pretty much paid the mortgage sole-handedly (and the rest) for the last six years. When we separated, my first impulse was to move and rent somewhere. My thinking was the house is a one bed so we are outgrowing it anyway (though it does feel more spacious now he is not there); it has always felt like HIS house, and he always refers to it as such; he blows hot and cold about whether he actually wants to move back in here or not- sometimes accusing me of pontificating to him from a point of advantage, saying tearfully he needs his own space for his mental health, other times (like today) saying of course I have a right to stay. And, also, he needs a place to stay and where he can have our daughter without me worrying about dodgy flatmates etc.
After months of flat hunting, I have finally found somewhere nice, local and vaguely affordable. It is still a lot of money per month, but cheaper than other places. A bit further away from the school and out of the tight-knit community we have here, but still within a ten minute bus ride. He said he'll pay half the rent if I move, but I can't trust him when it comes to money.
My head is saying I should stay, my heart is saying f*ck it go for it and it will work out somehow. I feel like staying here is allowing him to have control over me. I just don't know what to do. Please help me make a decision!

OP posts:
lighteningirl · 24/09/2015 09:34

Go and see a solicitor the flat is half yours also get financial advice to see if you can buy him out.

hellsbellsmelons · 24/09/2015 10:12

I agree with PP.
Get to a solicitor - book a free half our consultation appointment.
That flat is half yours and maybe a bit more and you are the carer for your DS.
Get some advice before you move out.
I would imagine the best thing will be to sell up and split the proceeds.
Is there much equity in the property?

Twinklestein · 24/09/2015 10:30

As pps have said see a solicitor before you do anything.

The obvious solution is to sell the flat, the money will be divided as part of the divorce settlement, use the proceeds for a deposit on another flat and get a mortgage rather than throwing away money in renting.

If he's not actively abusive I would put up with severe inconvenience in the short term for best outcome for you and your daughter long term.

fantasyworld · 24/09/2015 13:34

Thank you everyone. I've just been to see a solicitor. He said what I obviously knew, that I have a right to stay in the property as I am also the main carer. It's also just dawned on me about the cost of legal separation and/or divorce. I could get an underwriting for him stating that he will pay half the rent, if he breaches that then he would be in breach of contract. If we divorce, then the solicitor said the court would make an order forcing us to sell the property and divide the equity (it's gone up in value quite a lot). A few considerations:

  • I'm not sure I'm ready for a divorce, financially or emotionally. I'd go for legal separation at the moment.
  • I don't really want to sell this property. I've always seen it as an asset and potentially a place for our daughter to live in when she is older.
  • Moving has its pros and cons- upheaval for our daughter, moving away (though not by much) from a very supportive community; less security. But it would also mean more space, my daughter could have her own room, I would have my own room, rather than sleeping in the living room.

I just don't know. Going for a run now to clear my head :-)

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