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Following separation I am not on mortgage but on deeds, advised to fill in MI12 form?

Hello peeps!
I am hoping someone can give me some advice as I can't believe that this is the first time my particular situation has occurred although no one seems to have any answers :s
I am a full time carer for my 12 year old son who is severely disabled and has a life limiting condition. We live in a house that was a few years ago specially adapted for him. I became his full time carer when he was a baby when I had to give up work to look after him as the extent of his disabilities became apparent. At the time I was named on the house title deeds but the mortgage was solely in my ex-partner's name as we were unmarried and I was unable to contribute a salary.
Fast track ten years....18 months ago my son's father left. After looking into the possibility of housing benefit (which was refused on the grounds that I am named on the deeds of the house) my son's father continued to pay the mortgage but six months ago he stated he was unable to continue to do so. I am aware HSBC have contacted him stating their intention to pursue him for the balance on the mortgage owing and although I have continuously asked for paperwork to present to social services, this has not been forthcoming. Social Services have advised me to ask for MI12 form to enable me to apply for mortgage interest help but I have asked on several occasions whether this would still apply seeing as I am NOT named on the mortgage :s No one seems to have a definitive answer.
Is anyone aware of the rules on this? Does anyone know of a similar situation?
Thanks in anticipation :beer:

Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please contact CAB, your son,s social worker and shelter asap
    Good luck
  • undaunted
    undaunted Posts: 1,870 Forumite
    edited 2 December 2011 at 4:15PM
    You can download this form from google if you wish though I'm very doubtful that you will be able to claim for paying interest on a mortgage which you aren't named on I'm afraid. I didn't think you could be named on deeds if you were not on the mortgage?

    Is your ex partner on any benefits & able to claim?

    If not I'm not sure why he thinks he will be able to stop paying the mortgage but the bank will pursue him for it.

    If it comes to it the mortgage rescue scheme may be worth looking into but as (if he can't doesn't pay) your home is ultimately at risk I would suggest you seek proper advice on your legal rights & protecting your son & self as soon as possible.

    Good luck
  • Yes you can be named on the deeds, I had a solicitor check to confirm this with Land Registry after he left.
    My ex earns close to 40k a year...a career he built up while I cared for our son.
    He claims to be unable to afford to pay the mortgage any longer and of course the bank are pursuing him... As I said, I just have yet to see the paperwork.
    I have already sought advice legally and via CAB
    So thanks but I was hoping someone who had some advice from actual experience in this situation whether it be from direct personal involvement or that they have legal /mortgage/banking experience
  • silvercar
    silvercar Posts: 50,950 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    edited 5 December 2011 at 10:29AM
    Are you getting maintenance? Carers benefits?

    For specific answer to your question you may be best posting on the benefit board.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Yes I am now getting maintenance, after having to call in the CSA and I believe I am getting any benefits that apply. Thanks
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