On deeds but not mortgage. Can I claim MI12?

Rikki

tomjonesrules wrote: »

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

It is possible. This is my situation.



How ever totally irrelevant to the original poster. I hope you get some joy from the DWP. Your situation is one of special circumstances so fingers crossed.

minkstersmum

tatonette wrote: »

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.[/QUOTE]

I would like to just add here that I worked solidly and paid taxes from leaving college until my son was born when I was 31 when I cpould afford a child. I earned more than my ex but was FORCED to give up work to be a full time carer for my son who is severely disabled and has a life limiting condition, he is expected to survive until mid teens and he is now 12. I am in this situation through no fault of my own so living in a 'property rent free and courtesy of the government' certainly isn't MY choice!

suelees1

minkstersmum wrote: »

I would like to just add here that I worked solidly and paid taxes from leaving college until my son was born when I was 31 when I cpould afford a child. I earned more than my ex but was FORCED to give up work to be a full time carer for my son who is severely disabled and has a life limiting condition, he is expected to survive until mid teens and he is now 12. I am in this situation through no fault of my own so living in a 'property rent free and courtesy of the government' certainly isn't MY choice!

There are lots of contributors on here who just love to spout off. They know damn well MSE's policy on this yet they continue with their bile. You just have to ignore them.

tatonette

minkstersmum wrote: »

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....

I do feel for you, but whatever Social Services think or say has no bearing on whether you would or should be granted relief in the form of SMI.

I would be very interested to hear if you are successful, as I have a similar situation with having loaned £10,000 to my sister for a deposit on her house. She obtained the mortgage in her name only, yet her ex was also on the deeds and as far as I know he had to sign a letter for the solicitors acting that he had no financial interest in it. I would also point out that I too am on the deeds and have a legal charge over the property for the £10,000 loan!

She has to work full time to pay the mortgage.

If I claimed a means tested benefit I wonder if I would get SMI for the £10,000 as I am on the deeds but not party to the mortgage?

tatonette

minkstersmum wrote: »

tatonette wrote: »

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.[/QUOTE]

I would like to just add here that I worked solidly and paid taxes from leaving college until my son was born when I was 31 when I cpould afford a child. I earned more than my ex but was FORCED to give up work to be a full time carer for my son who is severely disabled and has a life limiting condition, he is expected to survive until mid teens and he is now 12. I am in this situation through no fault of my own so living in a 'property rent free and courtesy of the government' certainly isn't MY choice!

Your circumstances, as upsetting as they are, has no bearing on what you contributed to in the past and how you find yourself today.

We are concerned with what the law allows, not what social conscience dictates.

BigAunty

minkstersmum wrote: »

Be...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....

Get advice from Shelter about this. Intentional homelessness is about voluntary leaving accommodation when you did not have to. If you face repossession, speak to Shelter about the legitimacy of the advice.

For example, one of my relatives with children was refused help by the local council many years ago when she was evicted (I don't know if it was owned or rented though) and she successfully appealed this. Basically, her husband had not been paying the rent (or mortgage) but he kept her in the dark about this and her homelessness was a complete shock to her - I think pretty much the bailiffs just turned up and that was it.

The Shelter website does have information on various ways to try and prevent repossession, the schemes that are in place to help homeowners. As to whether they are appropriate to a situation where the person with the mortgage can afford to pay it but refuses, I don't know.

silvercar

If I claimed a means tested benefit I wonder if I would get SMI for the £10,000 as I am on the deeds but not party to the mortgage?

You aren't paying interest on this money and you don't live in the property - so no you couldn't get SMI.

tomjonesrules

silvercar wrote: »

You aren't paying interest on this money and you don't live in the property - so no you couldn't get SMI.

Wrong - this situation is very clearly covered by the Decision Makers Guide, which is available on the DWP website. The OP is eligible for SMI.

minkstersmum

suelees1 wrote: »

There are lots of contributors on here who just love to spout off. They know damn well MSE's policy on this yet they continue with their bile. You just have to ignore them.

Thank you My situation is grim enough without feeling like a drain on society to boot! Nevermind...nearly Christmas! :eek:

duchy

tatonette wrote: »

minkstersmum wrote: »

Your circumstances, as upsetting as they are, has no bearing on what you contributed to in the past and how you find yourself today.

We are concerned with what the law allows, not what social conscience dictates.

And DWP has general guidelines (laws as you mistakenly call them) and also exceptions for special circumstance-which the OP's situation comes under -so you're mistaken.