Guarantor problems with house i want to rent! im i being unreasonable?

[Deleted User][Deleted User] Posts: 1,304
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Hi really hope someone can help me out here!
last year i left my husband (it was very amicable) i moved into a rented flat with my son. Its now time to move on to something nicer as the flat was only ment to be a stop gap. My son also has Aspergers syndrome and the flat really isnt suitable for him due to noise he makes and noise we can here in other flats around us (it can make him scared).

My Husband was guarantor for our flat as he had all my money from devorce still all tied up, Any way i've found a nice little house thats perfect for us, and ive asked him if he would still be my guarantor as i dont know anyone who earns over £20,000 a year (this is the requirements to be a guarantor) ive asked everyone i know but theres not one person in my life that earns that much! My ex husband is refusing to be my guarantor and i dont know what else to do! does this mean im stuck in this flat forever? should i ask him again? is he right to say no or should he be doing all he can to help his son? please help someone im going out of my mind!!!!!!!
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  • robtuk06robtuk06 Posts: 4,561
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    Did he give a reason for saying no?
  • [Deleted User][Deleted User] Posts: 1,304
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    he just said its awkward as we are now devorced!!!! but i think this is a dutie to his son and not me! im moving for our son, id stay in this flat if it was just me!
  • [Deleted User][Deleted User] Posts: 1,229
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    He may want to feel like he still has some control over yours and your sons life. Is there not another agency you can go to where the guarantor is less? Or one not needed?

    You could just shoot him in the nads ;)
  • Achtung!Achtung! Posts: 3,398
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    leanne5058 wrote: »
    he just said its awkward as we are now devorced!!!! but i think this is a dutie to his son and not me! im moving for our son, id stay in this flat if it was just me!

    The problem with acting as guarantor is exactly what it says on the tin. He is liable for your rent if you default. I can see why he is reluctant in fairness. Men going through divorces can often be accommodating and amicable, it's to try and ensure they don't get on the wrong side of the wife and her solicitors. He doesn't have to be like that now presumably.
  • [Deleted User][Deleted User] Posts: 1,304
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    its such a shame as this house is perfect! i think most companys are the same with the requiments of guarantor! i think hes said becouse his new gf has said no!
  • [Deleted User][Deleted User] Posts: 1,304
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    Achtung! wrote: »
    The problem with acting as guarantor is exactly what it says on the tin. He is liable for your rent if you default. I can see why he is reluctant in fairness. Men going through divorces can often be accommodating and amicable, it's to try and ensure they don't get on the wrong side of the wife and her solicitors. He doesn't have to be like that now presumably.

    well he still has my devorece money so dont think ill be doing any runners!!!
  • DeniseDenise Posts: 12,961
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    Have you said to him that it's for your son and not yourself? He must know his own child's problems so any decent father should put that as a priority.
  • [Deleted User][Deleted User] Posts: 1,304
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    Denise wrote: »
    Have you said to him that it's for your son and not yourself? He must know his own child's problems so any decent father should put that as a priority.

    yes lots of times!!! hes even told our son that we wont be moving into the house becouse he wont be guarantor!!!!!!:eek: i think hes got a screw loose!
  • DeniseDenise Posts: 12,961
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    leanne5058 wrote: »
    yes lots of times!!! hes even told our son that we wont be moving into the house becouse he wont be guarantor!!!!!!:eek: i think hes got a screw loose!

    Are you still in contact with his family? Is there anyone else you can get to speak to him about it? As a father he should be willing to put himself out a bit for his own child, sadly though not all are.

    You say you are still awaiting the divorce settlement, how long has that been and why the delay? Maybe you could push for that and offer a higher deposit?
  • [Deleted User][Deleted User] Posts: 1,304
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    Denise wrote: »
    Are you still in contact with his family? Is there anyone else you can get to speak to him about it? As a father he should be willing to put himself out a bit for his own child, sadly though not all are.

    You say you are still awaiting the divorce settlement, how long has that been and why the delay? Maybe you could push for that and offer a higher deposit?

    my money is still tied up in the house we had together! yeah i think maybe offering a higher deposit might be the only thing i can do! but i shouldnt have too!
  • Achtung!Achtung! Posts: 3,398
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    leanne5058 wrote: »
    well he still has my devorece money so dont think ill be doing any runners!!!

    Sorry, I gleaned from your post that your divorce was now finalised. I know you didn't say, but by saying "had my money" I figured that was past tense.
  • IWantPVRIWantPVR Posts: 8,302
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    He stood as guarantor for your flat, so he obviously had no issue in principle. Now you're moving to the house he doesn't want to do the same. Something has changed, and not just his girlfriend's opinion.

    What is the rental on the flat and on the house?
    Has your income reduced?
    Has his income reduced?
    Are there any issues arising from the financial settlements?
    Is he paying any of the rent for your flat?

    It's usually a father's responsibility to provide a roof over his child's head. It's more normal for the mum and kids to stay in a house and the father move out. If he isn't currently paying your rent then he may have been advised that him standing guarantor could be a way to force him into doing so.
  • [Deleted User][Deleted User] Posts: 1,025
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    Is he right to say no or should he be doing all he can to help his son

    I'll be awkward and say both sound reasonable to me.

    He should do everything he can within reason to help his son, but I'm not sure that I would want to risk my finances becoming a guarantor for anybody especially an ex and I don't think (although it's perhaps worth looking into) you would be able to make him do it via a court.

    On the other hand with your son and his condition he should be more understanding and doing something to help, especially since you haven't got the money from the house through yet.
  • wenchwench Posts: 8,928
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    Put him on the spot.

    If he wont be guarantor then ask him to have your son live with him until you are able to find somewhere suitable.
  • [Deleted User][Deleted User] Posts: 663
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    Look at it from his point of view.

    How does he know you won't fall out with him and start defaulting on the payments 4 months from now? Then he's liable for your rent. I can understand why he might not want to put himself at risk in that way.

    You are, after all, divorced. It does seem a little odd to still be financially reliant on your ex-husband.
  • wenchwench Posts: 8,928
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    Look at it from his point of view.

    How does he know you won't fall out with him and start defaulting on the payments 4 months from now? Then he's liable for your rent. I can understand why he might not want to put himself at risk in that way.

    You are, after all, divorced. It does seem a little odd to still be financially reliant on your ex-husband.

    It doesn't when she's explained that money owed to her from the divorce hasn't been completed.

    Also bear in mind the home is not just for her but his son as well, and it should be his duty to be able to provide a roof over his son's head.
  • DeniseDenise Posts: 12,961
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    Look at it from his point of view.

    How does he know you won't fall out with him and start defaulting on the payments 4 months from now? Then he's liable for your rent. I can understand why he might not want to put himself at risk in that way.

    You are, after all, divorced. It does seem a little odd to still be financially reliant on your ex-husband.

    Not really considering the parent with the care is normally the one who gets to keep the family home. The OP says she hasn't received her half of the property he is living in yet but has to find a suitable home for their son.

    If the OP did default on the rent, then I am sure he would stop child maintenance payments and take it out of how much she is owed from the divorce.
  • [Deleted User][Deleted User] Posts: 1,304
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    theres no question that im gonna do the dirty on him and not pay my rent! and he knows that! this is all about him saying no just for the sake of saying no! im sure its his gf having a problem with me asking him for a favor! he has already told me that shes very insucure and jealous of me!
  • Sem1Sem1 Posts: 4,578
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    When are you expecting to get your share of the divorce settlement!

    I'm a bit confused why is he living in your family home with his girlfriend (or have I misunderstood) and you and your son are the ones finding other accommodation!:confused:
  • [Deleted User][Deleted User] Posts: 1,771
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    Sem1 wrote: »
    When are you expecting to get your share of the divorce settlement!

    I'm a bit confused why is he living in your family home with his girlfriend (or have I misunderstood) and you and your son are the ones finding other accommodation!:confused:

    This.

    It would be more common for him to have paid you anything you're due as part of the settlement, either by selling the house or by him getting a loan/mortgage to buy you out himself.
  • [Deleted User][Deleted User] Posts: 1,304
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    coz when we were together i was a housewife, so i wouldnt of been able to keep the morgage on! it was my decision to go! anyway were getting of subject! should he be guarentor or not????:(
  • WokStationWokStation Posts: 23,112
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    leanne5058 wrote: »
    should he be guarentor or not????:(

    Legally, probably not. Morally, probably so.
  • kiviraatkiviraat Posts: 4,634
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    I was reading up about guarantors myself not long ago as I know noone that earns over £15000 with good credit, and the local citizens advice said that in certain circumstances, the council will act as guarantor for you. Perhaps your sons circumstances will allow this. So if things with your ex get too heated, perhaps you can go and speak to a local housing officer. I'm having to do this when I move as well, so I hope it is an option for you as well.
  • [Deleted User][Deleted User] Posts: 1,304
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    kiviraat wrote: »
    I was reading up about guarantors myself not long ago as I know noone that earns over £15000 with good credit, and the local citizens advice said that in certain circumstances, the council will act as guarantor for you. Perhaps your sons circumstances will allow this. So if things with your ex get too heated, perhaps you can go and speak to a local housing officer. I'm having to do this when I move as well, so I hope it is an option for you as well.

    ive heard this too so i called them and they said to go to the citizans advice!!! problem is citizans advice phone line is always engaged!!
  • Achtung!Achtung! Posts: 3,398
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    IWantPVR wrote: »
    It's usually a father's responsibility to provide a roof over his child's head. It's more normal for the mum and kids to stay in a house and the father move out. If he isn't currently paying your rent then he may have been advised that him standing guarantor could be a way to force him into doing so.

    That's not true at all, his obligation is to make a due child support payment, not automatically pay the rent on another property. I do agree with the other poster that is wondering why he gets to live in the family home and the divorce hasn't forced a sale of that asset or ordered him to settle otherwise?
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