Spouse wants house repossessed in order to obtain Social Housing

willie1408

Hi all,


I have contacted CAB, Legal Aid and Payplan in order to obtain an answer to this question and I keep hitting a brick wall.


I have a joint mortgage (Interest only NRAM) with my wife. we recently separated and have missed a number of payments due to me relocating following martial breakdown.


My spouse lives in the family home with our children and is unable (unwilling) to contribute to mortgage payments wishing to get repossessed in order to be entitled to Social Housing. She is in contact with the LA who are arranging for emergency accommodation on the date of eviction.


We attended court last month (April). I proposed a payment plan through the duty solicitor which was rejected by the judge.


An eviction date is now set for 21st May. I have recently gained employment placing me in a position to maintain regular mortgage payments and substantial payments towards arrears.


However, my spouse has applied for bankruptcy, will be housed by the LA and once the house has been repossessed leave me with negative equity to clear.


The situation I find myself I is this;


1. I am willing to move into the house, maintain payments, clear arrears and get the house on the market.
2. My spouse 'needs' to be evicted in order to obtain Social Housing.
3. As she has applied for bankruptcy I will be liable for all outstanding joint debt (negative equity...etc).


I feel that I have no option but to watch 'our' home be repossessed ending up with a mountain of Joint debt that I am left to clear!


Any help or guidance would be appreciated!

Thrugelmir

Is the mortgage plus repayment of unsecured debt and maintenance affordable. You need to be realistic with yourself. As lenders will be.

Sometimes in life, one needs to cut ones losses and start afresh. Not easy in the heat of the moment to think straight. So talk matters through with family or a good friend.

suziqqq

The LA will not be arranging accommodation they will look at what they have on the day of eviction which could be anything and anywhere and your wife will have no choice. This will be temp accomodation with rent costs in line with private rent. Now that benefits are capped there is usually a shortfall if claiming housing benefits which she will have to find. They will then look into reasons why she is homeless to see if she entitled to go on the LA bidding list and it can takes years to be offered social housing if accepted . If your wife becomes bankrupt you are not liable for her portion of joint debts

motherbored21

Isn't a 'joint debt' exactly that? Joint! So are you both jointly and severally (sp?) responsible?
Personally, I think that by putting your children through a big upheaval and making them live in temporary accommodation is wrong.

willie1408

Thank you for the reply; however, I am not looking for moral advice purely financial guidance.

Smart77

Before I suggest this I do realise it is probably an untenable situation, but you move back into the house, put it on the market and then go your separate ways when it is sold?

willie1408

Thank you for the reply. This is, I am afraid, untenable and part of the reason for our separation.