DAD.info
Forum - Ask questions. Get answers.
Welcome to the DAD.Info forum: Important Information – open to read:

Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.

Alternatively, if you are in crisis, please call Samaritans on 116 123.

If you are worried about you or someone you know is at risk of harm, please click here: How we can help

Former Wants Family...
 
Notifications
Clear all

[Solved] Former Wants Family Home

 
(@daver)
Noble Member Registered

My former stated today at mediation that she wanted me to move out with no equity but pay half the mortgage??

Not married but joint owners.

My concern is that means I wont be able to buy and only afford to rent a studio flat or one bed place which would mean our children wouldnt have somewhere to stay during contact.

I stated we would have to half the equity and I wouldnt accept anything that meant I couldnt have the children stay but would listen further.

She wants no further mediation and wants to take me too court despite admiting her legal advice is to split 50/50 and she knows she is asking a lot and depends on her trying saying it is best for our children.

I dont think its good for our children as she will cut contact time of that Im sure.

She is staying with her parents and the girls have a shared room, not ideal but it works and it means she has assistance as she is disabled.

Anyone else been in a similar position??

Dave

Quote
Topic starter Posted : 22/05/2014 7:57 pm
(@Loving_Dad)
Reputable Member Registered

Hey Mate,

Ex may not want further mediation but if she is planning to go down the court path (ancillary relief) she needs to prove that she has exhausted all reasonable avenues...

What she demands is unreasonable & "hard-ball" strategy...not going to work !!!

My advice have the next session & highlight that if you go down the court process path - the equity & settlement pot will get eroded - there will be less for her & child(ren) to use...you will fight all the way if necessary.

The fact that you are joint partners & not married adds an interesting twist.

ReplyQuote
Posted : 23/05/2014 6:10 am
(@eric14)
Honorable Member Registered

when I separated with my ex we were never married together 14 years jointly owned home .... she could not afford the mortgage even on benefits and if we sold the house I was worried about the stability for the children, I was able to buy her out as some how managed to get two lower valuations :whistle: and saved every penny borrowed a little and got the solicitor's to sort the paperwork , so I now own the house she got her money and lives in rented accommodation but still tries to claim to SS and the courts that this is a jointly owned home and I chucked her out she took 6 months to move out :huh:

I also have two children with her, as you are not married the rules are different in regards to the family home etc , don't be threatened by her monetary demands,

if you can not afford the mortgage on your own or to buy her out then I suggest you both sell and split the moneys a judge can order this,

it's unreasonable you wont be able to get on with your life like you said not have somewhere for the children etc ,

look at all options get free legal advise but my stupid ex kept saying we are common-law ect my solicitor said no such thing, my ex even wanted spousal support - without ever being a spouse

ReplyQuote
Posted : 23/05/2014 9:20 am
(@daver)
Noble Member Registered

Thanks bot of you for your responses.

My former said there was no point to further mediation and is taking it to court. I told her that I would also apply for a variation of the contact order as our children have been saying they wish to spend more time with me.

The mediator explained that she would end up with less due to court costs but she said she would take her chances??

I am a little concerned but both your posts give some comfort and I do want our children to live in /have the family home but I dont want to pay half of a mortgage and only be able to afford to rent a hovel as she would try to cut the time our children and I have together.

I will sit tight and see how this pans out.

Thanks again.

Regards,

Dave

ReplyQuote
Topic starter Posted : 23/05/2014 1:08 pm
(@Nannyjane)
Illustrious Member Registered

...I'm sorry you are going through this Dave, I know how important your home is to you. I'm glad you can take encouragement from LD and Eric.

Here's a link to the Wikivorce website...I know you aren't married but they may be able to give you some guidance about the financial side of things. They have a free helpline you can call.

www.wikivorce.com

All the best Dave...x

ReplyQuote
Posted : 23/05/2014 4:12 pm
(@daver)
Noble Member Registered

Hi NJ,

Thanks...Im plugging away and am aware I have more than some in respect to seeing the children so I take heart from that also.

I really appreciate the link and all the support and guidance you have given.

Remember you know where I am if you or yours want some time down south in the sun. 🙂

🙂 X

ReplyQuote
Topic starter Posted : 24/05/2014 3:15 am
Nannyjane and Nannyjane reacted
(@Loving_Dad)
Reputable Member Registered

Continue mediation - if ex goes to court - they will see how reasonable you have been...
Settlement will not be as bad as ex's claims to be entitled to...trust us.

Personally, I would want to go for what is fair (your child(ren) need somewhere to live) but not entirely at your expense & moving on with your life.

ReplyQuote
Posted : 24/05/2014 9:55 am
Share:

Pin It on Pinterest