Re: Legal Help Urgently Required

pmlindyloo

NYM wrote: »

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


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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

I believe that the 'no time limit' is for when the property is occupied by a former partner who is a lone parent.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236960/hbgm-bw1-assessment-of-capital.pdf


Otherwise the 26 weeks disregard applies.

NYM

pmlindyloo wrote: »

I believe that the 'no time limit' is for when the property is occupied by a former partner who is a lone parent.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236960/hbgm-bw1-assessment-of-capital.pdf


Otherwise the 26 weeks disregard applies.

Thanks for explaining that...I learn something new here everyday !

So can the property still be regarded as capital when the OP isn't even named on the mortgage...?

When_the_going_gets_tough

I think so but OP is there any equity in your house. If it went on the market now would it realisitcally sell for more than the motgage once the costs of selling were taken into account? If you have ony recently purchased there may be no equity and your half share may not be worth anything. If so you could just arrange to transfer it to your ex partner. I do think you need to take advice about this though. You might like to try another CAB office as some are very over stretched but some can offer appointments.

pmlindyloo

NYM wrote: »

Thanks for explaining that...I learn something new here everyday !

So can the property still be regarded as capital when the OP isn't even named on the mortgage...?

As someone else has said it is very unusual to be named on the title deeds and not on the mortgage. Perhaps the OP is a little confused about her status as regards the property.


Basically I think the local authority is saying that the OP has a right to stay in the property and should be pursuing this.


How this tallies with the wording in the guidance I am unsure. My understanding is that the OP should be entitled to HB for the 26 weeks and then longer if the property is put on the market.


Maybe they are concerned that the OP is giving up her right to the capital. It is always difficult to second guess as we often only get half the picture and half the conversations which take place.

newbie2012

Sorry been away for a mo!!

No I am not somewhat 'confused' as you say. The mortgage lender, our IFA and convenycor all knew i'm not on the mortgage, they classed me as some sort of 'tennant' ie my ex had to consult me in regards to re-mortgage etc however I am only on the deed as 'notification' and a deed of trust was drawn up as we are common law, not married.

Yes I had posted the same issue sometime ago, however am still none the wiser and nor is my partner! Unfortunately they are not pro active in selling, no I do not think there would be any equity once sold due to the legnth of our mortgage etc. I have said I want out I guess I must put in writing however my concern is I need to move to work as cannot apply for jobs where I am not living, but will have no money for a deposit as you say nor first months rent etc..thats where I need help etc xx

newbie2012

Also what does it matter what I do and do not post, I'm here for help?!

newbie2012

Sorry ignore above just stressed

princessdon

newbie2012 wrote: »

Sorry been away for a mo!!

No I am not somewhat 'confused' as you say. The mortgage lender, our IFA and convenycor all knew i'm not on the mortgage, they classed me as some sort of 'tennant' ie my ex had to consult me in regards to re-mortgage etc however I am only on the deed as 'notification' and a deed of trust was drawn up as we are common law, not married.

Yes I had posted the same issue sometime ago, however am still none the wiser and nor is my partner! Unfortunately they are not pro active in selling, no I do not think there would be any equity once sold due to the legnth of our mortgage etc. I have said I want out I guess I must put in writing however my concern is I need to move to work as cannot apply for jobs where I am not living, but will have no money for a deposit as you say nor first months rent etc..thats where I need help etc xx

Bit of advice

It's your ex partner, not partner

NYM

newbie2012 wrote: »

Sorry been away for a mo!!

No I am not somewhat 'confused' as you say. The mortgage lender, our IFA and convenycor all knew i'm not on the mortgage, they classed me as some sort of 'tennant' ie my ex had to consult me in regards to re-mortgage etc however I am only on the deed as 'notification' and a deed of trust was drawn up as we are common law, not married.

Yes I had posted the same issue sometime ago, however am still none the wiser and nor is my partner! Unfortunately they are not pro active in selling, no I do not think there would be any equity once sold due to the legnth of our mortgage etc. I have said I want out I guess I must put in writing however my concern is I need to move to work as cannot apply for jobs where I am not living, but will have no money for a deposit as you say nor first months rent etc..thats where I need help etc xx

That makes more sense. I understand the situation better now....:)

You've had a Deed of Trust drawn up to 'protect' your beneficial share of the property. I think I read that you had contributed £2000 or so towards the purchase cost. :think:

If you can get a copy of the Deed, it will detail exactly what should happen to your 'protected rights' in the event your relationship comes to an end. It should also explain what to do if one 'owner' wants to sell and the other doesn't want to.

Depending on a property valuation and your owned percentage, you should be able to prove the 'value' of your share. Providing a copy to the benefits people might help you when claiming benefits.

You really do need proper legal advice though...