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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

Advice on custody and benefits needed

26 replies

AIBU79 · 08/04/2024 06:18

My partner announced just over a week ago that he wanted us to split up. His behaviour has been awful, and by that I mean much worse than usual, for the last six months. I found out yesterday that he has been cheating for a year and has a girlfriend of six months.

Due to his wage (approx 2.5x what I earn) I am not entitled to anything benefits wise. I do work almost full time hours but only earn 30k.

He is hoping to buy me out of our house if I temporarily give up some of my deposit (I put in 3x what he did). I am prepared to do this because then the kids will have a familiar base. It is going to take him some time to generate the rest of my deposit (c. £100k). I need this to buy a new place.

Where do I stand in terms of benefits? I have checked the calculators and I will be entitled to UC. Can I apply whilst we are still living in the same house since we are living independently, both physically and financially? As in he looks after them on the days he’ll have them
and I will look after them on the days I’ll have them. We each pay for childcare independently now. However, we do still have a joint bank account where I pay (and always have paid) 50% of the bills. This will have to remain whilst I still live in the house and my name is still on the mortgage.

Does he have to get 50% custody? I don’t want that but he’s insisting he’ll take me to court otherwise. He’s vindictive so I believe him. I don’t genuinely think he’ll manage 50% custody but apparently it’ll be a doddle! This is someone who does not currently do much. He sorts breakfast and takes them to school (both primary age). He also does half of activities - taking kids to their hobbies. I do pick ups and sort meals, all child/house admin, also do half of hobbies, all cooking/cleaning, etc. On a weekend he currently (and always has done) as he pleases.

Any advice would be greatly appreciated.

OP posts:
Soontobe60 · 09/04/2024 12:09

AIBU79 · 08/04/2024 22:42

No. I put in just over £140k, he out in just short of half of that. We pay 50% of the mortgage each though.

In that case, if your tenants in common document states 66/33% ownership, upon the sale you would get 66% of the equity. If the house was bought for say £400k, with a £200k deposit and £200k mortgage, then sells for £500k, you should get back £198k. If you want to stay and buy him out, you'd have to pay him £102k. This is dependent on what the mortgage balance is.
He’d have to pay you £198k to buy you out.

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