On deeds but not mortgage. Can I claim MI12?

minkstersmum

I posted this in the mortgage section but was advised to post here instead.
Would welcome any advice from people with relevant experience.
Thanks



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
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 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

Dognobs

As the mortgage is not in your name you will find it hard to convince them to pay.

tomjonesrules

Dognobs wrote: »

As the mortgage is not in your name you will find it hard to convince them to pay.

That is not correct. The DWP will look at who has liability for paying the mortgage in reality (as opposed to on paper). I have seen several cases where a partner has been awarded SMI when only their ex is named on the paperwork.

OP, you need to apply for SMI as advised and enclose a letter explaining your situation. Also ask your ex to write to the bank giving them permission to disclose information to the DWP about his mortgage.

BigAunty

I'm quite surprised that you aren't on the mortgage but are on the deeds as questions relating to property ownership come up on the housing board and I swear I keep reading that it's not possible to be on the deeds without being on the mortgage...? Perhaps I remember incorrectly and perhaps it's the other way round...?

tomjonesrules

BigAunty wrote: »

I'm quite surprised that you aren't on the mortgage but are on the deeds as questions relating to property ownership come up on the housing board and I swear I keep reading that it's not possible to be on the deeds without being on the mortgage...? Perhaps I remember incorrectly and perhaps it's the other way round...?

Definitely possible to be on the deeds but not the mortgage. Not possible to be on the mortgage but not the deeds.

[Deleted User]

why would the dwp provide someone with help to pay something for which they arent responsible?it just doesnt make sense

tomjonesrules

woodbine wrote: »

why would the dwp provide someone with help to pay something for which they arent responsible?it just doesnt make sense

Because in reality they are responsible - if they don't pay it, the house will be taken away from them. Of course the alternative is that the OP moves out and rents somewhere, to be paid for by means of LHA, but she may not qualify for LHA because she has an interest in the (ex) marital home.

tatonette

But then as the father has now refused to pay the mortgage, she has no legal requirement to contribute. I would go even further and say that when the ex obtained the mortgage, and she is named on the deeds, the bank through their solicitor would normally have obtained written confirmation from the mother that she has no interest in the property. She would have given up all of her rights to the bank. The mortgage would not have been granted without this authority.

So she may have her name on the deeds, but she certainly has no financial interest in the property, so why would the DWP pay HIS mortgage for him?

Nice little earner for him. No more mortgage interest payments courtesy of the government and he gets on with his life!! Whilst she lives in the property rent free courtesy of the government.

minkstersmum

woodbine wrote: »

why would the dwp provide someone with help to pay something for which they arent responsible?it just doesnt make sense

Because Social Services would rather I stayed here than to provide specialist housing for my son and I (as he is severely disabled and the house is already adapted for him). We did hope to sell the house but the Local Authority advised that if I agreed to a sale I would in fact be making myself and my son intentionally homeless and they would not by law be responsible for re-housing us at all. So I'm kind of stuck between a rock and a hard place....

minkstersmum

BigAunty wrote: »

I'm quite surprised that you aren't on the mortgage but are on the deeds as questions relating to property ownership come up on the housing board and I swear I keep reading that it's not possible to be on the deeds without being on the mortgage...? Perhaps I remember incorrectly and perhaps it's the other way round...?

Yes it is possible. My ex put me on the deeds for my security several years ago. I was always sceptical that he had done this but when we first separated I asked a solicitor to check and it was confirmed with the Land Registry. Plus I'm 100% sure that if I had no claim on the house at all, my ex would almost certainly have put the house up for sale!!!

suelees1

Yes you can claim housing costs (smi)