Leaving husband...benefits/housing allowance question plz.

Protogenia · 20 November 2012 at 10:10AM

Hello there I was wondering if you could help me.
After months of breaking up and reconcilling (husband had an affair) I have finally decided I have had enough and can no longer stay in the same house as him. We have a fifteen month old son and I am a stay at home mum. My husband is also emotionally abusive and rude but that is another story anyways...

We have a joint mortgage, however I cannot afford the repayments of £988 per month. So I will have to leave and i am hoping to rent a little property in the next village near my mum.
My questions are: Will being on the mortgage prevent me from getting housing benefit? and also if I intentionally came off the mortgage (house has less than £5000 equity in it and husband is happy for me to do this) would that affect me claiming housing benefit?

Also...we are in debt (not a lot) so he cannot afford to give me half the equity up front. To be honest I don't care...I just need to leave him, I cannot cope with the infidelity, sulking and name calling for any longer. I would hate my son to get to the age when he starts being aware that things are not happy in his home.

Thank you for your time

Proto. x x

princessdon · 20 November 2012 at 10:23AM

You will be given 26 weeks to sell the home or remove yourself from this. They could well look at the equity and assume you have this after the 6 months, but as it is less than £5k (2.5K each) and the fees this is so low they may not apply.

Protogenia · 20 November 2012 at 10:38AM

Thank you. x So removing myself from the mortgage is okay? I wasn't sure in case the benefits people saw it as making myself intentionally homeless or something like that.

princessdon · 20 November 2012 at 10:44AM

Intentionally homeless is another issue.

For means tested benefits like housing they look at income, savings and capital. Capital will be the equity in your home you own but do not live in. If the equity is 5K between two then this places you under the £6K allowed.

Of course if savings take you over that then you'd need to look at this.

But for 26 weeks it is disregarded if you have split from a partner.

I don't know the ins and outs, hopefully others can advise but the point I was making was that your low equity is under the benefits threshold and that you can claim 26 weeks (even with high equity).

Morlock · 20 November 2012 at 10:55AM

Protogenia wrote: »

I wasn't sure in case the benefits people saw it as making myself intentionally homeless or something like that.

Becoming intentionally homeless would only affect your eligibility for social housing, not your entitlement to housing benefit.

Protogenia · 20 November 2012 at 11:03AM

Thank you both...that has helped me a lot. x x

paddedjohn · 20 November 2012 at 11:08AM

You also need to check that the building society/bank will allow you to be removed from the mortgage. They prefer to have 2 people to chase rather than 1 in the event of arrears. Considering the debts you both have, will your husband be able to take the mortgage on on his own income?

princessdon · 20 November 2012 at 11:11AM

Do ring your HV as they can often help with the claims (or point you in the right direction).

Start looking at homes in your area to give yourself an idea. You may not be allocated a social housing home (but if their is Domestic Violence - which you indicated as Emotional Abuse is DV, then you may get this.

When looking at private rentals bear in mind the maximum your council will pay for the number of rooms you need. (your council website will tell you this). For example if you are entitled to a 2 bed then this will be the maximum you will be given. Even if your rent is more you will need to pay this.

Also look at deposits as many landlords require a bond and rental upfront for a period.

Protogenia · 20 November 2012 at 12:15PM

Thank you both again. He is on a good wage John and it covers the mortgage comfortably. He has been paying the minimum on his CCs (as we both have foolishly)hence the debt never seems to go down much.I would be surprised if the bank won't let me leave the mortgage as I am not a wage earner at the moment.

I will ring my health visitor, thank you for the suggestion Princess...she is more accessible than Citizen's Advice as I don't drive. x

sleepless_saver · 20 November 2012 at 1:11PM

Protogenia wrote: »

Thank you both again. He is on a good wage John and it covers the mortgage comfortably. He has been paying the minimum on his CCs (as we both have foolishly)hence the debt never seems to go down much.I would be surprised if the bank won't let me leave the mortgage as I am not a wage earner at the moment.

It won't matter to them whether you're earning or not - they will look at whether it's affordable for your husband. They won't base that on whether he's actually been paying it, they will have their own criteria.

You might want to contact Womens Aid 0808 2000 247 for help and advice as you've been subject to abuse.

BigAunty · 20 November 2012 at 2:11PM

A joint owner cannot simply 'remove' themselves from the mortgage - the other owner has to consent to this AND find a lender that accepts that they earn sufficient to pay the mortgage on their salary alone.

Again, a joint owner cannot make a decision to sell a property, the other owner must consent. The housing forum on MSE sees lots of threads from people in relationship breakdowns where the other party will refuse to sell or pretends to consent but then sabotages the viewings and sales process. If your ex won't sell, then you'd need to get a court order to force this.

The Shelter website has a relationship breakdown section that details some of your options. It also has a link to domestic abuse, too, which will have good advice. See your local council website, too - ours has a comprehensive service, with links to charities that can help victims to move in either a planned or instant way. Womens Aid is an organisation that could also help - their website has a list of behaviours from a partner that will help clarify if you are in an abusive relationship.

Leaving husband...benefits/housing allowance question plz.

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