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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

What am i entitled to? DP cheated.

114 replies

Solitaryasanoyster · 25/08/2023 21:20

Not married, 4 kids (young), some shared equity in the house.
If I leave, and I work 16 hours, do I get universal credit even if I have equity upon selling? Would this prevent me getting a council property?

thank you

OP posts:
LemonTT · 26/08/2023 00:15

OP, you have one other recourse to stay on the housing ladder. It is possible to use the children’s act to secure rights to stay in the family home. This would be agreed if there was no other way to house the children. Usually if there is minimal equity that would not fund a rental or purchase.

It won’t give you a bigger share of the equity and you will probably have to pay the mortgage. When you come to sell he will get half.

See a solicitor and ask about TOLATA and schedule 1 of the children’s act. But it might not apply on your circumstances.

TooBigForMyBoots · 26/08/2023 00:30

SisterMichaelsHabit · 25/08/2023 22:02

Yes damn that pesky government not giving you a free house or paying you enough free money to get a mortgage.
FFS get a full time job your child is at least 6.

Gotta love a Tory.🙄

Thistlelass · 26/08/2023 00:33

Solitaryasanoyster · 25/08/2023 21:31

Thanks for advice.
Only one child born before 2017.

As I thought, I get screwed over and am entitled to nothing. Amount won’t enable to me to buy alone so I have to waste on rent until it’s gone and then get universal credit and will never be able to buy as wasted deposit on renting.

Would the pay out maybe allow you to buy into Shared Ownership? Just a thought.

OrderOfTheKookaburra · 26/08/2023 01:03

Don't forget if you have your DC for more than 50% of the time you will also get child maintenance from your ex.

TheGoodBanana · 26/08/2023 07:41

So many things affect this so you are probably better to get proper advice from somewhere like Turn2Us.

How much equity is there?
How old is the youngest DC?
How much maintenance would you be due?

Would your DP be willing to continue to pay the mortgage until you are in a position to work full time and take it over yourself?

You will only get UC for 2 children unless the 2 was a multiple birth twins/triplets.

To be honest I would pretend to forgive him whilst I got a true picture of all my options and where I go from here.

I am so sorry he has put you in this position.

lostparcel · 26/08/2023 07:49

Work out how much you would get of him for child maintenance and would it be possible if you worked part time to buy him out? You would get UC if you could stay without selling the house and this would go towards the mortgage.

It's hard but possible sometimes.

lostparcel · 26/08/2023 07:50

Or get him to pay half the mortgage and you stay in the house.

Keeping your children in the house and preventing them being homeless should matter to him.

TheAverageJoanne · 26/08/2023 07:52

Babyroobs · 25/08/2023 21:23

If equity is over 16k you cannot claim UC. If between 6k and 16k the amount you receive will be reduced. The equity can be disregarded as capital whilst the house is being sold. You would need to explain the situation to UC. You will only get child element of Uc for 2 children unless they were all born before April 2017.

I know someone who owns a house outright and gets universal credit and pip. I know pip isn't means tested but you cannot live on equity! How does that work then?

SheilaFentiman · 26/08/2023 07:54

TheAverageJoanne · 26/08/2023 07:52

I know someone who owns a house outright and gets universal credit and pip. I know pip isn't means tested but you cannot live on equity! How does that work then?

The PP was using equity as a shorthand for the amount of profit op will get if the house is sold
and proceeds split.

TheAverageJoanne · 26/08/2023 07:56

SheilaFentiman · 26/08/2023 07:54

The PP was using equity as a shorthand for the amount of profit op will get if the house is sold
and proceeds split.

Thanks, I think I realised that as soon as I posted, looking at a scenario where the house was sold.

Solitaryasanoyster · 26/08/2023 07:56

SisterMichaelsHabit · 25/08/2023 22:02

Yes damn that pesky government not giving you a free house or paying you enough free money to get a mortgage.
FFS get a full time job your child is at least 6.

I’ve never claimed any benefits in my life and have worked my entire life, including now, despite the fact that 3 of my children are not in school yet.
In fact, I only took 3 months maternity leave each time.
I worked hard and saved to get MY equity in my home, which sadly, has now screwed me over as my job (in the public sector) sadly doesn’t pay well, despite me having a degree and a Masters to do it.
I was asking for advice as I’m in the grey area of having too much equity to get help, but not enough to buy on my own without being able to work more than I am, until my children are older.
But thanks so much for your judgement. Have a lovely day.

OP posts:
Solitaryasanoyster · 26/08/2023 07:57

This is exactly what I’m thinking. Thank you x

OP posts:
SheilaFentiman · 26/08/2023 07:57

TheAverageJoanne · 26/08/2023 07:56

Thanks, I think I realised that as soon as I posted, looking at a scenario where the house was sold.

No worries 😀

FarEast · 26/08/2023 08:00

I get screwed over and am entitled to nothing.

This is why women who are financially dependent n a man need to be married. It is a legal protection.

Solitaryasanoyster · 26/08/2023 08:04

I deliberately didn’t marry him as he has lots of debt, I don’t.
The equity in the home is mine and not his. (Legally protected).
I have a decent pension, he doesn’t.
I had my head screwed on enough NOT to marry.

OP posts:
TequilaNights · 26/08/2023 08:07

Then take steps to stay in the family home until the children are older as a pp says.
For them, not either of you, they need a stable home.

sanityisamyth · 26/08/2023 08:07

HaveSomeIntrospect · 25/08/2023 22:45

Is there even such a thing as spousal support in the U.K.?

I get £1 a year ... I'm not sure what that is supposed to cover!

boomtickhouse · 26/08/2023 08:07

Solitaryasanoyster · 26/08/2023 08:04

I deliberately didn’t marry him as he has lots of debt, I don’t.
The equity in the home is mine and not his. (Legally protected).
I have a decent pension, he doesn’t.
I had my head screwed on enough NOT to marry.

Your later posts are much more illuminating.

Can you buy him out of the house?

PosterBoy · 26/08/2023 08:12

Solitaryasanoyster · 26/08/2023 08:04

I deliberately didn’t marry him as he has lots of debt, I don’t.
The equity in the home is mine and not his. (Legally protected).
I have a decent pension, he doesn’t.
I had my head screwed on enough NOT to marry.

He doesn't sound a great catch!

Can you keep the house and move a lodger in to pay rent towards the mortgage? If the equity in the house is yours then you don't owe him anything to buy him out. When does he want to be taken off the mortgage/when is your mortgage fixed term up? Do you have family who could step in on a family mortgage or as guarantors? Just trying to think of any other options that might help.

Solitaryasanoyster · 26/08/2023 08:12

Sadly, no.
Mortgage is too high to pay by myself on a part time wage and would only increase further if I used my equity to buy him out.
Childcare costs would be more than I would earn if I went full time, sadly.

OP posts:
Velvian · 26/08/2023 08:13

Is there no option to stay in the house @Solitaryasanoyster ? Alternatively, could you afford a mortgage on a 2 bed flat?

How much equity do you have?

BernadetteRostankowskiWolowitz · 26/08/2023 08:15

Solitaryasanoyster · 26/08/2023 08:12

Sadly, no.
Mortgage is too high to pay by myself on a part time wage and would only increase further if I used my equity to buy him out.
Childcare costs would be more than I would earn if I went full time, sadly.

Yes but as a lone parent you could get up to 85% of your childcare costs paid by the state.

This is why you need to run the potential figures through an online calculator.

TheAverageJoanne · 26/08/2023 08:15

Solitaryasanoyster · 26/08/2023 08:04

I deliberately didn’t marry him as he has lots of debt, I don’t.
The equity in the home is mine and not his. (Legally protected).
I have a decent pension, he doesn’t.
I had my head screwed on enough NOT to marry.

I hope I'm not being rude here but I'm curious why you chose to have children with somebody you must have at least a bit of disdain for because of debts and I bet there were other niggles about him too.

BillaBongGirl · 26/08/2023 08:15

BernadetteRostankowskiWolowitz · 25/08/2023 22:29

No she won't. Please don't recommend this - there is no guarantee she will "keep the house and get spousal maintenace"

If she married him, he being the lower earner would be the only one potentially eligible for the rarity of spousal support not her. Also, if she married him she’d lose half her equity in the house. This is awful awful advice.

TheAverageJoanne · 26/08/2023 08:17

sanityisamyth · 26/08/2023 08:07

I get £1 a year ... I'm not sure what that is supposed to cover!

I thought a woman I know was joking when she said that when her parents divorced her mum got 5p a week from her father for her and her brother when they were kids in the 90s.