Separating from my wife, no savings and effectively homeless!

Gigervamp

Single males are pretty much at the bottom of the list when it comes to getting housing from the council.

However, the housing department is worth contacting as they'll be able to tell you what your options are. They might be able to help out with a deposit.

PintAndAPie

sdoherty1000 wrote: »

Would the council help to home me under these circumstances? I am not after a handout just a little help until I can sort things out

You will be put on the waiting list, as a single man with no children to accomodate you will be way, way down their list. With children involved it will be very difficult to force a sale of the house as they will be the number one priority if you try to go through the courts. Right now you have a home, it's yours so use it while you are getting yourself sorted.

GobbledyGook

sdoherty1000 wrote: »

I have suggested we sell the house, settle any outstanding debts and divide whats left 50/50. She has said she will NOT leave the kids homeless and refuses to move into a council house. I have told her she can private rent but she again refuses to sell the house. She wont be able to buy me out either so money from the house doesnt seem an option at the minute and I need to be out asap and I dont really want to pay bonds etc on the credit card as I will just end up further into debt. What to do...what to do!

It's not just up to her.

If there is enough equity in the house to see it sold and set you both up then the court can order her too. You need to seek legal advice for your specific situation.

People here can advise you generally, but everything depends on your individual circumstances.

Padstow

sdoherty1000 wrote: »

Its 50/50 owned between me and the wife. She has 3 kids from a previous relationship and 1 with me. She has already seen a solicitor and was told the house doesnt need to be sold because kids are involved

I'd like to see proof the solicitor said that.

Remember as you embark upon this that a solicitor has no real powers and no right to say such a thing , if they did.

If you and your wife cannot agree through mediation how to split the house only a Court can do so. Even if you decide to make the house over to her, a Judge could well rule it unfair anyway. A court will not allow you to be homeless.

You cannot go anywhere at present due to your financial state. Unless there has been violence involved, you are as entitled to live there as she is.
Even if you did load your credit card with a deposit and months rent, it's also a bad move as a court would consider you housed, and your case weakened. You also need a decent place to have the children for visits.

During the financial part, you will be asked to select some housing for her and the children. She will do the same for you.

It could well be a court awards her more than half however as her earning capacity may be lower due to the children. It could be as you will be unemployed that you take care of the children whilst she works.

If she was awarded 75% of the equity, could she raise a mortgage for the remainder and buy you out? Some state benefits count toward a loan. (More reliable income than from an employer.) Go on "Entitled to" and see what she might get. You'll have no money to pay her for a while, until employed again.


You see there are many variables. A solicitor can advise, but it's not up to them in the end. They are not always right either, believe me!

Can you say why the rush to leave? Not to worry if too personal but it might help those here to give advice.

If you are joint tenants, you need to become tenants in common. It's done in all divorces and your wife cannot refuse to sign it. It protects both of you.

I'm no expert, but simply wanted to open your eyes to other choices as you seem to have thrown in the towel already.

If you go on wikivorce as some suggested, you'll have to lay bare all finances for help, so be prepared for that.

I'd also go over to the Bankruptcy Board on MSE and talk to them.

Padstow

jess1974 wrote: »

This is not true......I am a wife whose husband left in September last year, we have 3 children and he has just issued divorce proceedings, we own our house 50/50, he has moved out and still pays the mortgage but none of the bills, i pay all bills and feed the children.....
He is after 50% net equity of the house and is taking me to court to try to force a sale, my situation is more complicated as i invested an inheritance into the house which he is not taking into consideration.....my understanding is that if there is enough equity in the property to allow both parties to move on, then a court could order a sale....good luck xx

My inheritance was also discounted Jess as I spent it on the home and family. My Darling Dad would turn in his grave had he known how we were treated.
Advice to any inheriting, DO NOT TOUCH IT.

Apparently, had I left it in a personal bank account, Dad's money would have been ring fenced.

Padstow

sdoherty1000 wrote: »

I have suggested we sell the house, settle any outstanding debts and divide whats left 50/50. She has said she will NOT leave the kids homeless and refuses to move into a council house. I have told her she can private rent but she again refuses to sell the house. She wont be able to buy me out either so money from the house doesnt seem an option at the minute and I need to be out asap and I dont really want to pay bonds etc on the credit card as I will just end up further into debt. What to do...what to do!

Not 50/50 that won't happen. 75/85 maybe. I gave you some alternatives.
Stay put and think it out.

FBaby

The solicitor I approach when I decided to separate from my ex said exactly the same thing, you have young children, no court would force a sale blah blah blah.... however, when I sought advice via my work legal support, it was made very clear to me that as a earner with a decent salary, and equity in the house, it wouldn't be unexpected that a judge could decide that I had enough equity/income to buy another property that would accommodate the needs of the children (despite taking away any flexibility of part-time work, and having to move in a not so nice neighbourhood to afford a house big enough to accommodate us.

As it is, we didn't need to go down that route, but I don't think it is a standard condition any longer that having children means that the pwc can't be forced to sale a property. Saying that, I am reading that OP's ex partner is not in a position to afford a mortgage on her own, and I think the move towards enforcing the sale of a house when children are involved still very much apply in cases only where the pwc can afford to buy another place. Or maybe things have again changed since I went throught it 10 years ago.

Padstow

If you have cheated or been violent, on your own as far as I'm concerned.

Say why you have to leave now.

Padstow

PintAndAPie wrote: »

You will be put on the waiting list, as a single man with no children to accomodate you will be way, way down their list. With children involved it will be very difficult to force a sale of the house as they will be the number one priority if you try to go through the courts. Right now you have a home, it's yours so use it while you are getting yourself sorted.

Exactly! You have a home and if you walk out, you are stuffed.

alwaysonthego_2

I work with homeless adults and I would say that the Local authority does not have the duty to re-home you in an emergency unless you have been a victim of DV or have any disability.