separation - mortgage, child, CCJ advice needed

cakebird

Hi, I'd be really grateful if someone could help?
My marriage is pretty much over. We have a four year old.
We have an interest only mortgage in negative equity.
The house is in a state of disrepair. I haven't the ability or funds to continue to live there though it would be my legal right as the wife with custody of our child. I don't want the house. My husband would want to keep it.
I am self employed, low income, we receive tax credits.
I was turned down for a council house because I have financial interest in the property.
I have a poor credit record.
Is there any hope of a private landlord? I keep hitting brick walls! I would be extremely gratefu lfor advice!

camptownraces

Difficult situation for you.

If you and (estranged) husband have a mortgage in both your names, you still have a responsibility to the mortgagee to keep up the payments. How will you cope with that if you are paying rent for another place?

What will happen to the child tax credit if you go? (Will you leave your child with your husband?). Will your child care costs increase?

You need to work out your financial situation before you can contemplate renting, so you know what you might be able to afford.

cakebird

Thank you for your reply. I will be taking our son.
My husband can afford to run the house on his earnings, the mortgage is less than £200pm.
I did a benefits check (I must point out I do work hard and live frugally, I would rather not claim). I would actually have more money 'in my pocket' at the end of the week because my husband doesn't give me anything. I still pay half the bills plus 90% of the food shopping from my income and tax credits Which in total amounts to less than half what he's earning. Childcare costs are zero. Wonderful grandparents.

Financially we will both be ok, it's the housing that is my main worry, I just keep getting 'but you are entitled to stay in the house' when I don't want it. My husband is a hoarder and very controlling. The house is a very cluttered building site.

tea-bag

200pm!! The house must be worth NOTHING! Where are you based?

cakebird

£72k interest only mortgage. We're in a poor area and like I say, the house is barely liveable

TBagpuss

Do either of you have any savings? Would your husband be able to raise a lump sum sufficient to pay 6 months rent + deposit in advance to allow you to move into private rented accommodation? If not, is he prepared to act as guarantor for rent in return for you agreeing to sign the house over to him?

If you get a court order which provides for the house to be transferred to your husband (even if that cannot actually happen immediately) that should change the position regarding eligibility for a council property.

Incidentally, it is not automatic that you would stay in the hoses if you wanted. A court would look at the housing needs of both parties, and the needs of any children, and children's needs are a high priority, but it would depend on whether you could afford to stay.

I would suggest that you speak to a solicitor. Look for one who is a member of Resolution. Particualrly as your husband is controlling, it is important that you understand the implications of any deals you and he discuss. If you and he live separately, and your child is primarily with you, he will have to pay child support. depending on how your income compares to his, and what your needs are, you may also be entitled to some spousal maintenance , at least short term.
You may find the relationships forum is a better place to post further questions - Wikivorce may also be useful to you.

xylophone

Are you intending to divorce? If so, your solicitor will negotiate a formal settlement regarding the marital assets.

cakebird

Thank you both for responding. Is having a guarantor a way of getting around having a poor credit record? I am putting money aside to save for a bond, rent and fees and think that by the time we're at parting point, I should have it. I have a few potential guarantors. So this may be my question answered
My plan would be, to assign him the house in return for the washing machine, son's bedroom furniture etc.
Regarding council housing, signing the house over could be seen as making myself intentionally homeless, apparently.
I do have a good business brain and I am quite feisty so have no worries regarding my rights, my concern is how on earth I'm going to get out of this house! Thank you all for responding.