On deeds but not mortgage. Can I claim MI12?

xylophone

http://www.housingadviceni.org/families-and-sharing/living-together/your-rights-if-you-or-your-partner-own-your-home.htm

Have a look at this - it is from the Northern Ireland Housing Executive but rules may be the same here (or at least in England and Wales)?

In particular:

"The owner of a property is the person whose name is on the title deeds. Title deeds are registered with the Land Register or recorded in the Registry of Deeds.

A property can be owned by just one person (a sole owner), or it can be owned jointly. If you and your partner own your home together, both your names will be on the title deeds. The person whose name is on the title deeds doesn't necessarily need to be the person who has paid for the home or taken out a mortgage to pay for the home."

"Help to pay mortgage interest
In certain circumstances, you may be able to claim income support mortgage interest (ISMI) to help with mortgage loan repayments. Either spouse or partner can claim this, regardless of whether you are joint owners, the sole owner, or a non-owner."

It would seem that you and your son's father legally own the property either jointly or as tenants in common. http://www.firstrungnow.com/joint-ownership/joint-tenancy-tenants-in-common.aspx

Incidentally, has your ex-partner made a will or put insurance in place to cover the mortgage situation in the event of his death?

tatonette

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.

But I am on the deeds but not on the mortgage!!!

I was only trying to show that being on the deeds but not on the mortgage is really a red herring.

The claimant has to show to the DWP that, as you have pointed out, that they are responsible for making payments under the mortgage deed.

The conditions for SMI amongst other things is that you must have used the money obtained through the mortgage to purchase the property

Clearly the poster hasn't, she just lives in the property which is secured by a mortgage taken out by a third party.

If the poster is given SMI then this could lead to widespread abuse.

eg, ex is a millionaire. He borrowed the money which is secured to the home. He and his girlfriend are joint owners as per the deeds.

They split up and he does not pay the mortgage.

Should the girlfriend be given SMI to fund the interest charged on the mortgage taken out by the ex?
What checks are in place for the DWP to assess whether the money from the mortgage was used to buy the property and not a n equity release type scam.

If so millionaires get girlfriends to claim means tested benefits & SMI is then used to pay the interest on millionaires properties. So effectively meaning that the millionaires get SMI!!!!

I thought SMI was clear cut.

You have to be responsible in some way for the mortgage
The mortgage is limited to that amount that was used to buy the property in the first place.

tomjonesrules

tatonette wrote: »

But I am on the deeds but not on the mortgage!!!

I was only trying to show that being on the deeds but not on the mortgage is really a red herring.

The claimant has to show to the DWP that, as you have pointed out, that they are responsible for making payments under the mortgage deed.

The conditions for SMI amongst other things is that you must have used the money obtained through the mortgage to purchase the property

Clearly the poster hasn't, she just lives in the property which is secured by a mortgage taken out by a third party.

Wrong again - please familiarise yourself with the correct rules before continuing with this drivel.

minkstersmum

tatonette wrote: »

But I am on the deeds but not on the mortgage!!!

I was only trying to show that being on the deeds but not on the mortgage is really a red herring.

The claimant has to show to the DWP that, as you have pointed out, that they are responsible for making payments under the mortgage deed.

The conditions for SMI amongst other things is that you must have used the money obtained through the mortgage to purchase the property

Clearly the poster hasn't, she just lives in the property which is secured by a mortgage taken out by a third party.

I don't mean any offence but I think you are allowing your own situation to colour your judgment. As it has been said, very unfortunately for me, I have special circumstances. This is by no means a "woo hoo BINGO!" moment as I would far rather have a healthy child and be paying my own way. Thanks for your input anyway

suelees1

tomjonesrules wrote: »

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.

silvercar is talking about a different issue. I was confused at the outset :undecided

tomjonesrules

suelees1 wrote: »

silvercar is talking about a different issue. I was confused at the outset :undecided

I see what you mean now - tatonette has messed up the quote function!

minkstersmum

xylophone wrote: »

[

Incidentally, has your ex-partner made a will or put insurance in place to cover the mortgage situation in the event of his death?

He did have house insurance that would have paid the mortgage in the event of his death but as he has stopped paying the mortgage and had to be chased for child support I doubt he has put anything in place to cover it should he be accidentally adopted as a rather fetching mascot on the bonnet of a silver motorbility Kangoo driven at speed by an irate woman though ....

Thanks so much for your help

suelees1

duchy wrote: »

tatonette wrote: »

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.

Let's be clear the social security system is governed by Social Security legislation not simply guidelines, although the latter is appropriate for the discretionary Social Fund

suelees1

Glad to see you've still got your sense of humour minktersmum

anmarj

http://www.dwp.gov.uk/docs/dmgch44.pdf

page 69 onwards deals with housings costs. I'll leave you all to fight it out;)