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asked to be guarantor by Ex even though she has cash in bank

MPwannasavemoney
MPwannasavemoney Posts: 190 Forumite
edited 6 May 2016 at 2:34PM in House buying, renting & selling
Long story cut short, now divorced after being dragged through 3 court cases and ex was awarded by court a huge chunk of equity, spousal maintenance for life and child maintenance for 3 kids and told by judge to sell the former marital home. The house sale completed last year and she and the kids have been living in a B&B ever since (without telling me they were going to end up like that, otherwise I would not have agreed to exchange contracts until they had found somewhere to rent).

Anyways, for more than 6 months they have been unable to find a rental even though the ex can pay rent upfront. Landlords it seems in that area are too fussy and want professional people only not single mothers with 3 kids. House prices are way to high to purchase any more than a 1 bedroom home in that area with the equity she has plus she needs a mortgage to top it up to buy furniture etc etc.

Ex has asked me to rent a house on their behalf and pay the rent out of the maintenance. This is fine for me provided the rent is less than or equal to the total maintenance and that ex does not come to me to pay for any damage to property etc.

Ex says the alternative is to be a guarantor.

I am confused as to what to do, I need my kids housed properly and cannot pay more than the maintenance I pay now, I already share a house with other people.

Any tips about being a guarantor in this situation would be gratefully received.
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Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Can't the ex live in a more suitable area?
    I am not a cat (But my friend is)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    1: Spousal maintenance? Is your ex disabled? Or did you have the worlds thickest solicitor?
    2: It's taken 6 months for you to decide your kids need a home? after 2 weeks in a B&B id be phonings SS, after 2 months my kids would be coming with me to a proper house
    3: I'd certainly be renting a house in my name now, kids move in and ex can find a bedsit.




    Now that that's out of the way, do not be a guarantor. Do not rent it in your name.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The difficulty with either option is that you, not she, would be liable for any rent arrears, losses etc. if she defaults, or if she fails to move out at the end of the tenancy.
    I'm also not clear why any landlord would be any happier with those arrangements, if the issue is that they don't want children in the property.
    Has she got a specific property in mind? If so, then it would be worth looking at the Guarantor’s agreement they would want you to sign and seeing whether it would be possible to limit it.

    Have you spoken, yourself, to any landlords or agencies (i.e. how confident are you that this a genuine issue and not that she is only looking in a very limited area or for a very specific type of property.)
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Alter_ego wrote: »
    Can't the ex live in a more suitable area?
    not without disrupting kids education and I would prefer that not to happen
  • Dan-Dan
    Dan-Dan Posts: 5,279 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    How old are they?
    Kids are more adaptable than people think,living in a B&B cant be doing them any good
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    not without disrupting kids education and I would prefer that not to happen

    6 months in a B&B isn't disruptive?!
  • Guest101 wrote: »
    1: Spousal maintenance? Is your ex disabled? Or did you have the worlds thickest solicitor?
    2: It's taken 6 months for you to decide your kids need a home? after 2 weeks in a B&B id be phonings SS, after 2 months my kids would be coming with me to a proper house
    3: I'd certainly be renting a house in my name now, kids move in and ex can find a bedsit.




    Now that that's out of the way, do not be a guarantor. Do not rent it in your name.

    1. it was left for judge to decide at final hearing and is spousal maintenance so unusual?
    2. I was not told they were in a B&B until much later since then I have been figuring out what to do whilst Ex decides about moving to Scotland, Devon etc. Besides what are SS going to do about it?
    3. Kids don't want to leave their mother. full stop.
  • TBagpuss wrote: »
    The difficulty with either option is that you, not she, would be liable for any rent arrears, losses etc. if she defaults, or if she fails to move out at the end of the tenancy.
    I'm also not clear why any landlord would be any happier with those arrangements, if the issue is that they don't want children in the property.
    Has she got a specific property in mind? If so, then it would be worth looking at the Guarantor’s agreement they would want you to sign and seeing whether it would be possible to limit it.

    Have you spoken, yourself, to any landlords or agencies (i.e. how confident are you that this a genuine issue and not that she is only looking in a very limited area or for a very specific type of property.)

    Well there would not be any arrears, she can pay rent a year in advance etc. I will have to canvass agents to see what the real situation is as my ex tells me the agents won't even show her any properties as she does not fit the landlord's "criteria". And it not just about about "no children" how many 3 bed places are not occupied by families with kids? "limit" the guarantor's agreement - what does that mean?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    1. it was left for judge to decide at final hearing and is spousal maintenance so unusual?
    2. I was not told they were in a B&B until much later since then I have been figuring out what to do whilst Ex decides about moving to Scotland, Devon etc. Besides what are SS going to do about it?
    3. Kids don't want to leave their mother. full stop.



    1: Yes spousal maintenance is almost never granted. Or if it is, it is short term and low.
    2: So you had no contact with your 3 children for 2 months? SS would take them into care, which would give them some stability, as opposed to a mother who cant be bothered to house them and a father who cant be bothered to check on them especially in the throes of their parents divorce.
    3: What an absolute cop out! The kids say no, so ill let my ex do as she wants.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Long story cut short, now divorced after being dragged through 3 court cases and ex was awarded by court a huge chunk of equity, spousal maintenance for life and child maintenance for 3 kids and told by judge to sell the former marital home.

    Ex says the alternative is to be a guarantor.

    All that and she wants you to be responsible for her rent as well?

    Her solicitor must have been in a different league to yours!

    If she has the money to pay rent upfront, I think the failure to find a rental is hers, rather than the LLs.

    Poor kids!
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