Help with house after separating

BigAunty

sappersmum wrote: »

Would I get help with the mortgage etc as I said I am on DLA and ESA and registered disabled.

How many years are left on your mortgage term, is it an interest only mortgage (and if so do you have an endowment policy or investment that can pay off the capital?) or a repayment mortgage, how old are you, what sum is owed and have you remortgaged since the original mortgage, if so when and by how much? Do you have any secured loans on the property or any other debts?

Have you severed any joint finances, such as shared bank accounts? Do you have any realistic chance of returning back in employment?

There is a support for mortgage interest scheme for certain types of benefit claimants.

https://www.gov.uk/support-for-mortgage-interest

See also the section for struggling homeowners, how to deal with mortgage arrears and how to avoid repossession on the Shelter website. Look at the Mortgage Rescue scheme, too, as this is where a social housing landlord or local council will buy the property for certain distressed homeowners and allow the original homeowner to stay on in the property as a tenant (and they can qualify for Housing Benefit to pay the rent).

I have read articles that give the impression the current government want to make radical changes to the SMI scheme as they are unhappy that some claimants can claim it without a time limit. I know of at least one person who has been on it for 13 years. The govt would prefer that it is a temporary measure that is suited to people who have the chance to return back into employment. Currently around half of people on SMI are pensioners so they've reached retirement age without paying off their mortgage. So bear in mind, SMI in its current form may cease to exist and might be replaced with higher conditionality such as time limits or a charge placed upon the homeowners property (so it will become a loan).

sappersmum

I am in such a mess now, don't know what I will do. I don't have any debts on the house or personal loans or credit cards. He does in his name for motor bike so not a lot 3k I think. We have separate bank accounts and he put my name on his current account. I will have to dig out all the other info in the morning when he goes out. I remember taking out new mortgage 20 years ago when last hubby who was abusive (seem to attract them) apart from that I don't remember the rest. Part of my illness I am afraid.
I am 55 and will never return to work.

sappersmum

I appreciate everyone's help and giving me their perspective on a complex situation. One tip, never get involved with an alcoholic they bring you so down that you feel worthless.

TBagpuss

You should speak to a solicitor as soon as possible. Many will provide a free initial consultation, which should give you a bit more information, specific to your situation.

What your husband may be entitled to will depend on a lot of factors, including your respective needs, and resources.

Things which may be relevant:

You mentioned that you have disabilities - has the house been adapted at all?
How much equity is there? If the house was sold, would it be possible for you to rehouse if you had less than 100% of the equity? If so, how much would you need?
Is your husband working? Does he have any mortgage capacity?
Are there any other assets? (pensions, savings etc)

Unfortunately the government has cut almost all legal aid, but if your relationship was abusive you may still qualify.

It is correct that the **starting** point for a financial settlement is an equal split of assets, but it is only a starting point.

BigAunty

sappersmum wrote: »

. I will have to dig out all the other info in the morning when he goes out. I remember taking out new mortgage 20 years ago when last hubby who was abusive (seem to attract them) apart from that I don't remember the rest. Part of my illness I am afraid.
I am 55 and will never return to work.

If you can't find the paperwork, then give your lender a call to get an update on the type of mortage, outstanding balance, outstanding term and so on. How much equity is in the property (current market value less the mortgage sum owing)?

The reason I ask is that SMI, as far as I know, will only pay the interest part of the original mortgage, not any additional remortgage. I know that you bought the property off your ex - were you a joint owner with your ex before this?

sappersmum

I had best ring them tomorrow and see where I stand and I have tried lots of local solicitors and all want money upfront for any consultation.....

theartfullodger

sappersmum wrote: »

I know the deeds are in my name only as I was married over 20 years ago and bought the house off my ex at the time... ....

Good: But for £3 please check with landregistry to make sure that still is the case....

Best regards

holgate79

You need specific specialist advice from a solicitor not the opinions of random people on an Internet forum.

I have a lot of empathy for your situation. Most solicitors will give 30 minutes free advice or citizens advice will be able to help for free.

Please put your energy into contacting either of these specialist advice sources.

sappersmum

Ok Holgate79 thank you for your help.

harrys_dad

Go and see CAB, they are used to dealing with these situations and have a check list for you. They will also recommend a family law solicitor who may do an initial free 15 minute consultation.