Can I rent my house to my wife?

malkyh

Hi all,

I am currently separated from my wife and living at my parents. We have two young children. I bought the house in 2003 whilst I was single and the mortgage is in my sole name. My wife (then girlfriend) moved in 2005 and we were married in 2008.

My wife doesn't work as we took the decision that I would be the sole earner so she could stay home and bring up the kids resulting in the fact that she has no income.

Is it possible that she could stay in the family home and I could become her landlord and rent the house to her whilst I mortgage a new place for myself?

If possible I would like the kids to stay in their own home where they were born and brought up but not sure how easy that will be.

tom9980

If benefits are involved almost certainly no.

princeofpounds

If she is on the deeds of the house then she cannot be a tenant as she is a co-owner.

If she wants to claim benefits on this tenancy it will probably be classed as contrived and refused.

malkyh

cool, thanks. She would be on benefits so that puts that out then.

Another option scored out......

malkyh

princeofpounds wrote: »

If she is on the deeds of the house then she cannot be a tenant as she is a co-owner.

If she wants to claim benefits on this tenancy it will probably be classed as contrived and refused.

She isn't on the title deeds no, only me. I am trying anything to keep my kids in their home but short of me carrying on the mortgage for them I don't see any option. I can't afford the mortgage and to set myself up in another place.

00ec25

she is going to have to stand on her own 2 feet and not expect to sponge off you, sadly of course the family courts will not see it that way when there are children involved in separation/divorce!

zzzLazyDaisy

Just to expand on the benefits issue....

Housing benefit cannot be paid where the Landlord is a parent of dependent children who reside in the property. So that is always going to be a non-starter.

Also (if her name is on the deeds) even if you sold/transferred the house to a third party family member who then becomes the landlord (leaving aside the mortgage complications of that route) housing benefit cannot be paid where a former owner of the property is now a tenant, until after 5 years have elapsed.

SternMusik

Since you are married the house is an asset of the marriage, and therefore hers as much as yours even if her name is not on the deeds.

I believe (but am happy to be corrected) that in the event of a divorce the courts would see it as a priority to ensure that the children and their primary carer can remain in the marital home if at all possible. This would be at the expense of your getting another mortgage.

You really need to chat this through with a solicitor. Your wife needs to get independent legal advice as well.

McKneff

You both made the decision for her not to work, but times have changed.


She should be now looking for a job.

Kevie192

Also, you might want to read up on spousal maintainence...

silvercar

Is it possible that she could stay in the family home and I could become her landlord and rent the house to her whilst I mortgage a new place for myself?

You could do this, if you could afford a mortgage on the new property as well as on this one.

You would need to come to some agreement on how much rent your wife would pay you and I guess how much maintenance you pay her for providing a home for your children will also comes into the equation.

Housing benefit wouldn't be claimable, but that wasn't your question.