Can I move back in to jointly owned house?

newcook

How much notice has the landlord given? Is it possible for the council to find you somewhere to rent?

You would then only need to move once (as you would if you moved to your old house) and you could possibly get the wheels in motion to force your ex to sell so you both have the funds to re-start your lives.

While I appreciate that its also your house and you have every right to be there as much as he does, is it really fair to expect him to move out and find somewhere when it was yourself who left in the first place (and Im also guessing that he will be expected to pay half the mortgage on the house until the youngest finishes education as well as rent his own place and provide maintenance).

JodyBPM

I'm not an expert, so I would suggest that you consult a solicitor regarding your rights.

I believe that you have as much right as him to live in the house (possibly slightly more since you have the children) however, I'm pretty certain that unless there were vast funds in the marriage and you are expecting a huge divorce settlement, that you won't have the right to live in the house whilst he pays the mortgage and upkeep. So you need to think carefully about whether or not you actually want the house, as I think it is unlikely that you will be able to afford to actually live there. I believe that the *normal* situation where the woman gets to stay in the house until the children are 18 includes the woman fully paying for the mortgage (if there is one) during that time. Whilst benefits will pay mortgage (interest only) for a limited time, this won't be indefinite. There is a lot less benefit assistance for owner occupiers than for renters.

Ultimately, you don't want to end up getting the house repossessed, and damaging your credit record.

The best bet may be to get your husband to buy you out (or sell on the open market) and use your share of the equity to rent. When that runs out, lha would be available.

You say you want a secure home for your children. Ultimately I would say that private rental fully covered by LHA is far more secure than an "owned" house on which you cannot afford to pay the mortgage. In an "owned" house, you will also be responsible for all maintenance and repairs, which can be very costly.

I would definitely seek legal advice to work out the best solution for you.

RAS

newcook wrote: »

How much notice has the landlord given? Is it possible for the council to find you somewhere to rent?

You would then only need to move once (as you would if you moved to your old house) and you could possibly get the wheels in motion to force your ex to sell so you both have the funds to re-start your lives.

While I appreciate that its also your house and you have every right to be there as much as he does, is it really fair to expect him to move out and find somewhere when it was yourself who left in the first place (and Im also guessing that he will be expected to pay half the mortgage on the house until the youngest finishes education as well as rent his own place and provide maintenance).

The Council are hardly going to give her priority if she jointly owns a house and if she signs over her share (of the debt) she is making herself intentionally homeless.

If she moves in she can apply for the mortgage interest to be paid as part of her benefits and he will be paying 15% of his salary as CSA. Presumably she gets 20% of the income fo the other father as well?

Pee

I would certain try the council rehoming right as you would end up with a secure tenancy, rather than a house that needs to be sold as you can't afford to buy your ex out.

Will your financial circumstances change when your youngest starts school? If you will be able to go back to work then, it might be worth factoring that in.

How much is the house worth and how much is the mortgage on it?

RAS

JodyBPM wrote: »

I'm pretty certain that unless there were vast funds in the marriage and you are expecting a huge divorce settlement, that you won't have the right to live in the house whilst he pays the mortgage and upkeep. So you need to think carefully about whether or not you actually want the house, as I think it is unlikely that you will be able to afford to actually live there. I believe that the *normal* situation where the woman gets to stay in the house until the children are 18 includes the woman fully paying for the mortgage (if there is one) during that time. Whilst benefits will pay mortgage (interest only) for a limited time, this won't be indefinite.

Where did you get this imformations from?

What about the prospect that a fwew years down the line the child with diabetes is considered old enough to manage themsleves and she is able to return to work?

Since when would LHA be considered secure when the LL can give her 2 months notice for no reason whatsoever at any time beyond the initial rental period (usually 6-12 months) and most LLs refuse to accept people on benefits and often families with children.

gratefulforhelp_2

Just a cautionary tale, I know a man who moved back in with his estranged wife and children, while they were getting divorced.

I am not saying you shouldn't, just saying it sounded like hell on earth.

princessdreamer

I would have thought if she could manage to pay the mortgage the courts would rule that she could stay there till the children grow up. It makes no sense for her to be in rented accomodation having HB paid when she could live in her home costing the taxpayer much less. Guess in my own case I will find out in the next few months but I know one thing I would not put my children out of their home unless the court forced me to do so.

newcook

RAS wrote: »

The Council are hardly going to give her priority if she jointly owns a house and if she signs over her share (of the debt) she is making herself intentionally homeless.

If she moves in she can apply for the mortgage interest to be paid as part of her benefits and he will be paying 15% of his salary as CSA. Presumably she gets 20% of the income fo the other father as well?

but the OP is a full time carer to her son with diabetes so doesnt work (not saying being a carer isnt work but you all know what I mean!) so who will be expected to pay the remainder of the mortgage?

JodyBPM

RAS wrote: »

Where did you get this imformations from?

What about the prospect that a fwew years down the line the child with diabetes is considered old enough to manage themsleves and she is able to return to work?

Since when would LHA be considered secure when the LL can give her 2 months notice for no reason whatsoever at any time beyond the initial rental period (usually 6-12 months) and most LLs refuse to accept people on benefits and often families with children.

My information is anecdotal, which is why I strongly stated (twice) that she should seek legal advice. Of those I have known who have divorced, I only know of one who kept the house with the ex still contributing to the mortgage via spousal maintenance. A few who have taken over the mortgage but don't have to release the equity in the house til the children have grown, but the far most common situation seems to be that the house is sold and the equity split (usually in favour of the parent with the children).

It stands to reason anyway, that the ex will need to be earning a LOT of money to be able to afford the mortgage on a 4 bedroom house, child support plus his own housing and living expenses. He may well be super wealthy, and this might be an option, but I'm suggesting to the OP that she considers the responsibilites of home ownership, as well as the advantages.

I think this situation is likely to be even more complicated, as from the OP it seems that they were not married (would spousal maintenance even apply?) and only one of her 3 children is her ex's. Therefore I can't see that the ex is going to have to bear the full responsibilty of supporting all 4 of them. Again, I would strongly suggest that she seeks legal advice, as the situation is quite complex.

Reading between the lines in the OP (and it is between the lines as OP did not state this directly) I thought it seemed that the OP wanted a simple answer to the question "Can I chuck my ex out of our jointly owned home which he pays for, and move in there in his place" and I don't think that there is a simple answer to that. Considering all the information in the post, I do think it is unlikely (although not impossible, granted) that she and her children will be able to chuck him out, move in and expect him to still pay the mortgage and upkeep on the property. Legal advice needs to be sought.

Gavin83

pigpen wrote: »

A solicitor can have him forcibly removed from the house leaving you there with the children.. you say he is there making you miserable and being verbally abusive.. my stepmother did it with my dad.

A solicitor won't remove him without a good reason. Where does she say he is verbally abusive?