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Ex wants to keep house

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  • ZaSa1418
    ZaSa1418 Posts: 651 Forumite
    500 Posts Third Anniversary Name Dropper
    If he can't afford to buy you out fully then he needs to either find the money to be able to buy you out or sell. 
    He also doesn't have to agree for the child benefit to be changed over, you can apply for it yourself and explain that you have separated and you are the main carer. They will put the child benefit on hold and investigate if he disagrees. 
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  • Hi
    Apologies, I've not read the entire thread in detail however my understanding is that he wants you to let him stay in the family home by you not taking £70k equity that is yours from the family home. Is there any clarity as to when you would get that £70k ? Children are tougher than we give them credit for. By doing this you may try to give them stability via bricks & mortar but other elements may not be so settled. 
    Jen
  • BrassicWoman
    BrassicWoman Posts: 3,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    I would talk to someone from women's aid about coercive financial control.
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  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ZaSa1418 said:
    If he can't afford to buy you out fully then he needs to either find the money to be able to buy you out or sell. 
    He also doesn't have to agree for the child benefit to be changed over, you can apply for it yourself and explain that you have separated and you are the main carer. They will put the child benefit on hold and investigate if he disagrees. 
    I don’t believe that’s the case.
    lots of people keep their children in the “marital home”, in fact many cant afford alternatives. Usually the mother is the main cared and the father waits a long t8me for their payout.

    of course If bot( agree otherwise they  don’t have to do that but for many families it’s the best option. This couple may be different as they appear to have the resources to buy 2 properties- which many families don’t.

    but the first statement that he has to sell or buy out is incorrect.
    in many cases one person waits a long time to get paid out (until the children are old enough).
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lisyloo said:
    ZaSa1418 said:
    If he can't afford to buy you out fully then he needs to either find the money to be able to buy you out or sell. 
    He also doesn't have to agree for the child benefit to be changed over, you can apply for it yourself and explain that you have separated and you are the main carer. They will put the child benefit on hold and investigate if he disagrees. 
    I don’t believe that’s the case.
    lots of people keep their children in the “marital home”, in fact many cant afford alternatives. Usually the mother is the main cared and the father waits a long t8me for their payout.

    of course If bot( agree otherwise they  don’t have to do that but for many families it’s the best option. This couple may be different as they appear to have the resources to buy 2 properties- which many families don’t.

    but the first statement that he has to sell or buy out is incorrect.
    in many cases one person waits a long time to get paid out (until the children are old enough).
    I think the comment is specifc to the facts of this case. 
    And yes, where it is the only way to provide secure housing for the children a court may order that the house is used to house them and the parent with primary care, it's also not uncommon for people to chose to agree something along those lines -especially where there is a big discrepancy between the parties incomes and mortgage capacities, and the non resident parents is in a position to be able to rehouse without needing the house to be sold. Most cases are resolved by an agreed order - However, given the facts as OP has given them, in this particular case tit is overwhelmingly likely that if the case was being decided by a court, the court would be telling him exactly what ZaSa says - that he needs to either pay OP or accept that the house will be sold. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks much for explaining.


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