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

lady1964

Sorry if anyone has already asked but you say OP that she has the cash to pay rent upfront but for how long?

If she can afford to pay a years' rent upfront, what will she do when that year runs out (or 6 months for example)? She refuses to work now, will she continue to refuse to work?

Another question, how much rent per month are we talking about?

As an aside, years ago, my brother asked me/my DH to be a guarantor for him, we refused as we read up on what we would be liable for in the event of any problems with him paying his rent.

I would agree with others who've already said it - don't agree to be her guarantor!

Cheeky_Monkey

MPwannasavemoney wrote: »

yeah funny eh? you a kent know it all are you?

I don't need to know it all to know more than someone financially stripped down to their underpants by a greedy, lazy, workshy Ex whose only desire in life seems to be to even strip you of those rather than be concerned about the welfare of her children by moving to somewhere she can afford.

[Deleted User]

I know u don't want to rake up the past, but the problem is your past is your present, and your future with current arrangements hanging over your head.

It does seem to me that you weren't well represented.., i.e. if the judge said she should work, your representative should have pursued that rather than allowing it to remain open. And from the sound of it, that's just one example.

Perhaps others on here will have more knowledge on whether its worth pursuing this than me. And if her legal bills can be restricted or the amount you have to pay can be (so she can't just get a team of lawyers).

But maybe I'm just being too idealistic in believing that Justice exists lol.

FBaby

Gosh, she must have had a good lawyer (clearly better than yours!).

The logical solution would be for your to take out the rent under your name (assuming a landlord would agree to this) or be her guarantor and her paying you the lump sum for one year since you say that she has the money.

There are issues with either of these though. If you decide to go the guarantor route, you are taking a risk after the first year if she's spent all her money and can't pay any longer. They will go after you for it and nothing you can do about that.

This could be avoided in theory by taking the rent under your name as you could then give notice....except that firstly she could still remain in the property until you or the landlord take her to court, which could take months and then you still liable for all rent during that time.

The reality is that even if you could help to start with, she will have to fall on her feet at some point. Will she be in a position to go back to work when your youngest is entitled to free childcare/start school? Maybe you could come to an agreement that she goes back to work and you help with the cost of childcare until she gets free childcare or youngest start school?

marksoton

This has got to be a BS wind up.

Because any solicitor who managed that deal wants striking off by the law society....

[Deleted User]

I think the only way I'd agree with some help in renting a property is to go to her and explain that given the present arrangements you can't afford to help with rent/guarantee. If she wants help with her living accommodation, you will need to renegotiate the divorce settlement, and get everything set out legally. But I'd also go for a quick visit to a solicitor beforehand to see if the settlement can be changed and have standing legally.

This way you both get what you want and need.

If she decides that this isn't a way she wants to go.., that's her decision. So are the consequences.

However, I wonder if she perhaps is the person who is 'better off' financially of the two of you? It might not quite work out as she thinks.

MPwannasavemoney

lady1964 wrote: »

Sorry if anyone has already asked but you say OP that she has the cash to pay rent upfront but for how long?

If she can afford to pay a years' rent upfront, what will she do when that year runs out (or 6 months for example)? She refuses to work now, will she continue to refuse to work?

Another question, how much rent per month are we talking about?

As an aside, years ago, my brother asked me/my DH to be a guarantor for him, we refused as we read up on what we would be liable for in the event of any problems with him paying his rent.

I would agree with others who've already said it - don't agree to be her guarantor!

We are talking about approx £1500 pm rent which could easily be deducted from the total of the spousal and child maintenance which will tide them over for almost 10 years. She could pay many years of rent from the cash she has. I am considering talking to a solicitor to draw up agreement to have right to deduct from maintenance anything she has not paid for under the tenancy agreement.

marksoton

MPwannasavemoney wrote: »

We are talking about approx £1500 pm rent which could easily be deducted from the total of the spousal and child maintenance which will tide them over for almost 10 years. She could pay many years of rent from the cash she has. I am considering talking to a solicitor to draw up agreement to have right to deduct from maintenance anything she has not paid for under the tenancy agreement.

You're over complicating it and potentially creating massive legal costs for years to come.

First off get better legal representation. Then sit down with them and discuss ALL your options especially the possibility of getting the order amended.

You're currently being taken for a mug by this woman.

MPwannasavemoney

I don't think "better" legal representation will help after final decision by court, so amending the order is out of the question.

My kids need housing and the ex needs pushing in the right direction. I have told her to say she has a guarantor then when the time comes to talk to the landlord I will ask why they can't take a year's rent in advance. It seems the area where they live all the landlords have told the agencies they will not take non professional people without cover of 70 times the monthly rent on an annual basis.