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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

Divorcing but stuck in the same house

4 replies

Dogslife25 · 16/05/2024 16:07

I don't want to go in to too much details as this would be a long thread, married 20 years split up in september, divorce applied for in Feb, during this time we are still living in the FMH, we have 2 dependent children.
I have got myself a full time job so i can be independent but its impossible for me to rent a: i cant afford it b: i don't earn enough to even be considered to rent. My STBX earns more and can afford to rent something until we are able to sell the property (he cant borrow enough to buy me out) he seems to think that everything is his as he 'paid' the small mortgage but I paid for the bills, he drinks alot and has debts due to gambling, i have been told on numerous occasions that he has been with other women but i was stupid enough to ignore it, he was out with one of these said women 2 days after we split but still says they're just friends.
i'm not an unreasonable person but i think that for the sake of the kids and our quality of life he should find somewhere to go, any advise on how to move forward, don't know how much more of this i can take
Thank you

OP posts:
Sashya · 16/05/2024 16:25

OP - many people live together while going through divorce. It is not easy, but it is not advisable for any party to move out before financial split is arranged.
And it is expensive.
All your assets are shared - so house is no more his than it is yours. Unfortunately so are the debts. Everything is shared.
So - instead of renting - he should be putting money into settling those debts.

As to his conduct with other women. You are separated. So - he can technically do anything he wants. So can you. No explanations necessary - you are divorcing.

Just hang on there, and it will be over one day.

category12 · 16/05/2024 16:42

Unfortunately so are the debts. Everything is shared.

If it's only in his name, debt from gambling and suchlike won't necessarily be considered part of the joint finances. If it was something both parties had benefitted from, then there'd be a case for it, or if it's on joint accounts then it's an issue for OP. But if it's unsecured and all in his name then she may be OK.

weredormouse · 21/05/2024 13:31

category12 · 16/05/2024 16:42

Unfortunately so are the debts. Everything is shared.

If it's only in his name, debt from gambling and suchlike won't necessarily be considered part of the joint finances. If it was something both parties had benefitted from, then there'd be a case for it, or if it's on joint accounts then it's an issue for OP. But if it's unsecured and all in his name then she may be OK.

I’ve read similar to this - there’s a lovely legal wording thing about debts being “incurred in a wanton manner” not having to be counted as joint debt. Gambling debts should count as this (although worth talking to a lawyer. In fact, talk to a lawyer about all of this!)

CannotWaitToBeFree · 21/05/2024 14:34

I think you would be best to consult a solicitor for legal advise. We cannot advise you

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