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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

Any advice appreciated.

16 replies

IWillNotNameTheTree · 17/05/2020 20:12

For many, many reasons my STBXH and I are separating. It’s gone on for months and it’s becoming apparent that he will not leave and I am going to have to take the children and find somewhere to rent.

We currently own a home, mortgaged, and it’s likely he will want to sell it next year. I am going to struggle to pay half the mortgage and rent on a new property and was wondering if I would still be entitled to an equal share of the house profit when it sells if I stop paying my half of the mortgage and he pays it in full?

I will speak to a solicitor but just wondered if anyone knew?

OP posts:
Azadewow · 17/05/2020 20:15

No idea about the mortgage payments, but definitely don't leave the house! If you are primary carer of the kids go though the court and the court can make him move out and he can't sell until youngest child is 18 x

MikeUniformMike · 17/05/2020 20:16

Don't leave the house. You need a roof over the children's head.

MikeUniformMike · 17/05/2020 20:17

You need a roof over your head too obviously. I'm assuming that the DC are minors.

Do not move - you need proper legal advice.

footprintsintheslow · 17/05/2020 20:18

Do not leave the family home! Do you have a solicitor already? If not get one asap.

IWillNotNameTheTree · 17/05/2020 20:24

I can’t not leave. We’ve been separated for months, he’s made it unbearable - my oldest is having nightmares, they’re picking up on it all. I can’t stay living with him.

I will get proper legal advice before doing anything but I feel like I can’t stay.

OP posts:
Bubblebee7 · 17/05/2020 20:25

Could you manage to pay the mortgage by yourself? Are you still working at the minute.

IWillNotNameTheTree · 17/05/2020 20:29

Yes I could pay the mortgage by myself, that was the plan but he won’t leave.

OP posts:
Azadewow · 17/05/2020 20:29

I am pretty sure a solicitor couldtake it to court and force him to move out, even if he doesn't want. But if you leave the house willingly then that's not gonna happen x

Azadewow · 17/05/2020 20:34

I had a quick look on Google and its called an occupation order x

footprintsintheslow · 17/05/2020 20:41

I think he can be forced out by courts. Good to hear you will receive legal advice before acting.
Try and reassure your child that things will get better and you will be safe.

Bubblebee7 · 17/05/2020 20:41

Ahhh ok. If you have to leave I wouldn’t be paying the mortgage as well as rent I would make this clear in advance. Is there nobody that can speak with him? You shouldn’t have to leave with the children.

IWillNotNameTheTree · 17/05/2020 20:48

Thank you so much for all your advice, I am taking note of all of it.

His family are the ones telling him to not leave the house no matter what, so I doubt they’d convince him to do the right thing. He earns more than me and could comfortably afford to leave it’s about control with him.

OP posts:
RandomMess · 17/05/2020 21:02

Please ring women's aid and get advice from them. If he is threatening/intimidating you it's possible to get an occupation order - national domestic violence helpline (I think that is the name) can help you with this.

RandomMess · 17/05/2020 21:04

National domestic abuse helpline - the control is abuse, what is going on that your DC is having nightmares AngrySad

IWillNotNameTheTree · 17/05/2020 21:06

Thank you so much, @RandomMess and to all who have offered advice or mentioned an occupation order. I am definitely going to look into this I hadn’t heard of it before.

OP posts:
BumbleBeee69 · 17/05/2020 21:31

Good luck OP Flowers

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