Help - Advice Needed

Alcofrolic

Im asking on behalf of my friend.

He has recently split up with his partner of 8 years. They have 4 children. The house they currently live in is in my friends name and she has never had a job and never contributed to bills or mortgage in the last 8 years.

He has asked her to move out and is willing to help her find somewhere and pay a deposit if need be but shes not budging. The best option would be for him to move out and let her stay in the house as long as she continues to pay the mortgage.

She will get betting housing benefit to help with any rent costs. The mortgage he currently has, has a no letting clause in it and he cant get another mortgage due to owing 104 and the house only being worth about 80.

Is there a way around this. I thought maybe he could go to a solicitor and have some sort of contract drawn up to say she would pay the mortgage for the time she is living there and not actually tell the mortgage people.

Do any of you have any advice for him. Hes having a really tough time right now and cant seem to be able to move on with his life.

thanks in advance

Wee_Willy_Harris

If your friend is thinking of renting his property to his former partner (and mother of his childen) in the hope that housing benefit (LHA) will pay the rent/mortgage, then he needs to think again as this is very, very unlikely to happen.

Fang_3

Tell him NOT to leave. If he does he could end up paying for everything and having nowhere to live himself.

Jowo_2

Have a look at the Shelter website which has a section on relationship breakdown which will detail his responsibilities and her rights (and vice versa). It also has a section on schemes available to house owners struggling to pay their mortgages.

Personally, if she doesn't have an income, I don't understand how she take over and pay his mortgage, nor can he rent out the property properly (i.e. officially) without the consent of his mortgage company. There are no benefits or schemes available whereby someone on benefits can have the capital part of the mortgage repaid, to my knowledge and no mortgage lender will consent to a new owner unless they can demonstrate they can pay for and afford the mortgage through earned income.

Have a look at the CSA board on MSE to understand his liabilities towards supporting her and his kids.

Post the scenario on the benefits board for advice on potential issues and solutions.

Google 'contrived tenancies'. This is where a local council will reject an application for Local Housing Allowance (housing benefit) when it has been set up to take advantage of the benefits system. It's specifically designed to stop close relatives fleecing the public purse by setting up dodgy tenancy agreements so the taxpayer pays off their mortgage. I don't know whether or not the rules cover ex partners or not but someone on the benefits board will let you know whether he can palm off his financial responsibilities towards his former family onto the state.

pawpurrs

I agree with all that has been said, but in addtion to that, the fact that she has had no job is irrelevant, she has bourne four children from the man, and had been rarther busy I should imagine looking after them, therefore, he being the farther of her children has a duty to look after them and provide shelter for them. Therefore when there is five people against one, I should imagine she should get the house, and he should pay for it untill such a time that the children have grown up and finished full time education, I appreciate that thats tough but thats the responsibility of deciding to have kids, especially so many of them.
Whether she wishes to remain in the house or not is the question.
This would need to go to court as the GF has no legal right to the property not being either married or on the deeds, or having no outight beneficial intrest in the property, but she has four children, and as such has the greater need of the family home.

Alcofrolic

Thanks for the advice so far. Its looks like this is more complicated then first thought. I have urged him to go to citizens advice and see a solicitor. He in no way wants to get out of supporting his kids and will make sure they have a roof over their heads even if it means him being homeless. ↲
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She has just cleared out all his wages from their joint account so the mortgage wont be paid this month. If they were to re possess the house would they all just be kicked out onto the street?

sonastin

I looked into this a while back for a friend splitting from his ex. I don't think it matters that she didn't contribute financially if she contributed in other ways i.e. bringing up his children. I think there is a risk that she is entitled to some (half?) of the house. Might be a slightly different picture if she never worked (and therefore didn't give up work in order to look after his home and his children) but it still doesn't look too good for your friend unfortunately.

DVardysShadow

Alcofrolic wrote: »

She has just cleared out all his wages from their joint account so the mortgage wont be paid this month. If they were to re possess the house would they all just be kicked out onto the street?

Time for hardball here. He needs to close the account. This is difficult with a joint account if it is in debit, but if he can find the money to clear any OD it can be done. He needs to get a new account and ensure his employer pays to the new account.

Then he should demand whatever part of his wages is necessary to meet the bills from his partner and he should pay not a penny on anything, until he has the money. But after that, I think he is still responsible for keeping a roof over his children's heads and food on the table.

Jowo_2

Alcofrolic wrote: »

She has just cleared out all his wages from their joint account so the mortgage wont be paid this month. If they were to re possess the house would they all just be kicked out onto the street?

Read the Shelter section that details what happens when an owner stops paying - the mortgage company can still pursue him for the debts. The repossession process is much slower now.

Read the Shelter section on homelessness - in theory, a local council is obliged to house the homeless, prioritising those with children and who did not make themselves homeless intentionally (i.e. such as not paying for their accommodation when they could have). Doesn't mean they will give them a secure tenancy in a house, could put them in a b&b or hostel temporarily, or try to get them a tenancy in a private property.

Much better for your friend to see a housing solictor, speak to his lender about his financial problems and potential arrears and do a lot more research on this rather than just abandoning the mortgage payments and then personally owe tens of thousands to the mortgage company.