Housing Benefit guide Discussion Area

Dunroamin

BigAunty wrote: »

Have you taken legal advice over the separation/divorce?

See the Shelter website for basic info on your rights and options when it comes to joint ownership.

For example, some parents with the care of the children can get an occupation order to live in the property until their youngest child turns 18 - is your ex prepared to move out and let you have the family home to bring up your children?

I don't know what you mean by 'erc' to pay.

"etc"?....

mkbswimstar

erc - Early redemption charge for leaving mtg. He can't afford to pay mtg and rent for himself, so we will have to sell :-(

BigAunty

mkbswimstar wrote: »

erc - Early redemption charge for leaving mtg. He can't afford to pay mtg and rent for himself, so we will have to sell :-(

Could your earnings cover the mortgage while the child maintenance/child tax credits/child benefit cover living expenses?

mkbswimstar

unfortunately no, I earn less than mtg plus i won't be able to have mtg in my name as my earnings too low plus if we keep mtg in joint names we are both liable and he can force me to sell at any point. As soon as they know hes not living here and paying they are gonna want to reclaim the debt as my income won't cover it. I think thats what they will do.

BigAunty

mkbswimstar wrote: »

unfortunately no, I earn less than mtg plus i won't be able to have mtg in my name as my earnings too low plus if we keep mtg in joint names we are both liable and he can force me to sell at any point. ...

Have you sought legal advice? The Shelter website has a relationship breakdown section that has links about where to get legal/divorce info. In a historic thread, you indicated you paid in 100k into the mortgage, the bulk of the equity if I remember rightly.

No forced sale is possible against your will if you gain an occupation order - you will have the right to live their just with the kids until they are x age, as agreed by the court.

In joint names without an occupation order, he will have the right to take up occupancy and does have a liability to pay but he can only force the sale if you don't consent by getting a court order.

The liability to pay is usually joint/several - it doesn't matter who pays, just as long as someone does - can you not reach a feasible accommodation about payment with the ex and stick to it to avoid disputes?

mkbswimstar wrote: »

... As soon as they know he's not living here and paying they are gonna want to reclaim the debt as my income won't cover it. I think thats what they will do.

By debt, do you mean the outstanding balance of the mortgage?

I don't think this is what lender's do at all - they don't care who pays the mortgage (the owners, someone else) just as long as it gets paid!! Repossession procedings commence when the mortgage is unpaid, not when the person who usually pays it switches to another!! What makes you think this will result in repossession?

Lenders take umbrage when owners rent out their residential property to tenants without permission but even then, I don't know what they can do in those circumstances, perhaps compel them to take out a different mortgage product?

mkbswimstar

Great advice, thank you. But how can I pay the mtg on my own. I won't get any help towards it.

BigAunty

mkbswimstar wrote: »

Great advice, thank you. But how can I pay the mtg on my own. I won't get any help towards it.

I have no idea. I can't add to the advice you've been provided with which shows that you cannot take over as the sole owner of the £156k outstanding mortgage on employment income of around 12k.

https://forums.moneysavingexpert.com/discussion/4375695=

This is a question between your solicitor, him and some analysis of your income/expenses on the MSE budget planner, investigating if you can manage it if you work full time, finding out you qualify for the child care element of tax credits or your parents look after the kids while you work longer.

The key question are a) will your ex consent to moving out if you pay the mortgage and b) can you realistically afford this? Then it will lead to the usual questions on how you can manage the risk of any future change of minds, disputes, etc.

For some reason, you apparently invested 100k in your current property and apparently will come out with less than half of this after the sale - this is why you need a solictor.

You believe this 40k will only sustain you for about 6-8 months in rental accommodation despite employment income, tax credits, child benefit, child maintenance of perhaps up to £450 per week (just a guestimate). Do you know how much weekly income will you get post-separation from all sources and is it enough to sustain living in the house?

Your ex apparently nets around £2000 a month but you believe this means he only has to pay around £80 a week towards his kids whereas unless he has significant overnight care of them, the CSA formula is that he must pay 20% of his income, closer to £100 or so. Plus there's nothing to stop you from reaching a more generous private agreement.