unmarried with children, joint mortgage, and splitting up

gillian1971_2

Hi,
I have been in a relationship with my partner for 10 years. I have a 17 year old from a previous relationship as well as a 4 year old and 6 year old from this relationship.
I am a full time mother to the kids, staying at home as we could not afford childcare for me to go back out to work, as well as the point that we both thought it was in the best interests of the kids for me to be at home until the youngest started school. This means, that although the mortgage is in joint names, it is paid for from his earnings. The mortgage is paid for direct from his bank account, as he would never set up a joint bank account. 2 years ago, he also paid £30,000 into the mortgage from an inheritance he recieved from his mother.
The house we live in is my family home since I was born, my mum sold it to us a wee bit cheaper than the market value 2 years ago, when she decided to down size. The current market value is £90,000 but our mortgage is £29,000.
Initially I have asked my partner to buy out my share of the property as he will not move out and our relationship is beyond saving. He is insisting that he cannot afford to buy me out (he earns £500 per week), and that it is better all round for ME to just sign the house over to him entirely. In his words, if he bought me out, then as I would need to claim benefits, then the DSS will make me live off the proceeds of the sale, and I woiuldnt get benefits until that was used up, meanwhile he would be having to pay a higher mortgage. And finally as £30,000 was paid into the mortgage from his inheritance from his mother, then I would not be entitled to anything, and how could I live with that on my conscience taking his inheritance away from him.
So, here I am. After 10 years in a relationship, which I gave up my own home (council tho') to live as a family with him and our kids, I am expected to walk away with not a penny to start over. No idea how I will furnish any poky flat the council give me, as all my furniture has been replaced over the years that I have been with him, therefore he has paid for everything from his earnings and from his bank accounts, and therefor it is all his. Ive had to account for pretty much everything I have spent over the years. Oh, and I gave up a good job to have our kids!
However, I am prepared to sign the house over to him entirely. I just need some advice as to whether the council will rehouse me and will I be entitled to benefits as a single parent, even tho i will be signing away whatever share I would be entitled to, if any????
Its a pretty daunting thought to start over with no job and no money and 3 kids dependant on me for a roof over over their heads and food in their belly.

I hope to see a lawyer soon to start the ball rolling regards to taking my name off the mortgage.
Any advice will be greatly appreciated on where do I start. In order to get housing benefit / council flat, I need to be on benefits. And I cant claim any benefits until I have moved out, as I am regarded as being dependant on him.

If it help answer any questions, he is not a violent abusive man, and neither do we have any debts at all.

Where do I start?

4Chickens

gillian

First thing: DON'T SIGN ANYTHING

Second thing: Make an appointment at the Citizens Advice Bureau

Third thing: Big hugs and I hope that it works out well in the end for all of you

gorgeouslatinrose

definatly do not sign anything. speak to your lawyer about all the options you have , before even thinking of taking your name of the mortgage.

RAS

Hi

If you stay in the house, after 13 weeks the mortgage will be paid on benefits.

Please contact Shelter and get some proper housing advice.

Minimum_Wage_2

Dont sign nothing and see a solicitor.

Jojo_the_Tightfisted

So he ends up with a nice house and you and your children are refused help by the council because you have made yourselves intentionally homeless? What a scumbag. He's probably trying to get you to agree because he knows full well that he won't be able to turn you out on the street if it goes to court.

Solicitor. Now.

mad_bad_spender

Hi there

having gone through this i thought i should let you know that i did sign over the house for a small amount of money, no where near what i would have got had the house been sold and i do regret this deeply, please do not do this and please most definetely do not just sign over the house for nothing. although i had to go to a solicitor to sign over the deeds and they made me think twice i was just so desperate to be out of the situation that i would have taken nothing just to be out of there.

before i moved out i was working and did find out i was entitled to tax credits as although we were living together we were no longer a couple so i got my full entitlement but with you not working i am not sure if you would be eligible for anything until you actually move out. then you will be entitled to help and they only take into account what you have, not what you could have had.

i was allowed to go on the housing list due to the breakdown but that proved to be a useless exercise and i ended up in private housing, however i would speak to your local auth because as was previously mentioned they will class you as intentionally homeless unless you discuss things with them first. if you are still on the deeds/mortgage they will ask for proof that you are selling or signing over house.

do not be under the illusion that as he was working that you were not that everything was bought with his money therefore everything is his. you were working doing the most important job anyone can do!! raising your and his kids. you are entitled to half and although i know how hard and draining it can be to fight for what your entitled to you should try to do this. i didnt and i regret this deeply now

all the best