Re: Legal Help Urgently Required

newbie2012

I am in a relationship breakdown and need to move 40 miles away with my baby to be closer to my family to help care for him due to my own health issues.

My partner and I have a house, I pay him monthy half the mortage and paid an initial deposit of £2000 toward buying the house. We have a tennenacy in common agreement but I just want out of the house all together so I can get a job and live closer to family.

Benifits wont help as they say although im not on the mortgage but on the land registry and have a tennants in common I own it. I don't want to be here and a silly clause states it could take 6 months for him to decide if he wants to buy me out..I can't live like that, not fair on my child. I need help but have no money for a solicitor

Land_Registry

Sorry to hear of your difficulties. Others on here will I am sure be able to post advice more relevant to your circumstances but the following may help to understand the issues around the property ownership from a land registration perspective, providing of course it is in England or Wales.

IF you are both registered as the joint owners of the property and this happened at the same time as the mortgage was secured against it then you would both be 'on the mortgage'.

You may wish to check or confirm this point for others on here and also to confirm if the tenants in common aspect is also recorded in some way - see our Public Guide for an explanation around joint ownership for more information.

It may also help others if you could give a bit mroe details around the 'clause' you mention although from reading other threads I suspect this relates to a condition in the mortgage which precludes your doing anything within the first 6 months of the loan being secured etc?

I cannot advise on the Benefits issue or the legal aspects and if money is tight then I would recommend contacting your local CAB to secure a 30/60 minute chat with a local solicitor who may be able to offer you some legal advice on possible options.

zzzLazyDaisy

You need to get proper advice on benefits from CAB or a welfare advice centre.

As far as I am aware, where there is a relationship breakdown and the other partner continues to live in the jointly owned home, the property is disregarded for the first six months. After that, there is a discretion to continue to disregard provided the house is actively being marketed (or if the other partner refuses to cooperate, provided legal steps are being taken to enforce this). This was certainly the case a couple of years ago when my cousin was in a similar situation.

Don't give up, get some reliable advice.

Housing_Benefit_Officer

A property occupied by a former partner after a relationship breakdown is disregarded as capital for benefit purposes while occupied by a former partner - there is no time limit.

newbie2012

Thankyou all for your help. Housing benifit officer..Dorset housing said No since i should be allowed to stay in the house since im not being abused..however i dont wish to be there, have no family/friends/help an no job there..who is right?? Land registry thankyou, there is a clause which states before being sold we must wait 6 months to see if person wishes to buy out. I am NOT on the mortgage, i am simply a tennant as such and the lender knows of my noted interest only.Had a bad credit history due to no credit in the past you see

newbie2012

Oh and CAB just keep saing go online as they dont do appointments???

silvercar

If you are not on the mortgage, why are you paying half the mortgage?

Can your ex get a lodger to help afford the mortgage and you should then have some money left to pay your own rent.

newbie2012

We were a happy couple so I paid half..now we are not He can't find a lodger and doesn't want to loose the house yet so am unsure what he's doing..he doesn't know. Regardless I need to leave

Vectis

I must be missing something here. You want to leave and move 40 miles away? What's stopping you? Even if the house is put up for sale (if you're hoping to get money from it) it could take many months to sell. Where do you intend to live 40 miles away?

NYM

You asked the same question in April....https://forums.moneysavingexpert.com/discussion/comment/60560497#Comment_60560497

newbie2012 wrote: »

Hi There,

I have just had a baby and my OH has split up with me We have a house, the mortgage is in his name only and we have a 'Tennants in Common' on the deeds so that if we seperated It would be dealt with properly.

..........

You've obviously waited the 6 months ......... clause which states before being sold we must wait 6 months to see if person wishes to buy out.....but your situation doesn't appear to have changed for the better. Has you OH refused to buy you out ?

Regardless of what's happening with the house, HBO has stated that a property occupied by a former partner after a relationship breakdown is disregarded as capital for benefit purposes while occupied by a former partner - there is no time limit

Voyager2002

newbie2012 wrote: »

..Dorset housing said No since i should be allowed to stay in the house since im not being abused./QUOTE]

Dorset Housing presumably give access to social housing and are not willing to give you a council or housing association property. However, you should be able to claim income support and LHA to pay the rent on a property in the private rental sector.