Husband left - should he pay half of mortgage as well as child maint

WhenIam64

Leaving aside the ownership and mortgage details as these are unevidenced, there is the option of the remaining party if they are on UC to apply for Support for Mortgage Interest. That way the immediate effect of paying the mortgage and a second rent is removed. Shifted in effect to a later date.

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

Given the Homelessness Reduction Act 2017 is now in operation, there is a leaning towards keeping people where they are for as long as they can. So a pragmatic approach could be to have SMI pay the mortgage; UC partly finance the family; part-time income and affordable child/spousal topping up the rest.

No real need to sell the home or for legal advice unless it gets silly. A good mediator or family law clinic can sort these issues out.

JamoLew

He is entitled to carry on living there if he so chooses (as long as there is no abuse involved), even more so if he is still paying half the mortgage.

poppy12345

WhenIam64 wrote: »

Leaving aside the ownership and mortgage details as these are unevidenced, there is the option of the remaining party if they are on UC to apply for Support for Mortgage Interest. That way the immediate effect of paying the mortgage and a second rent is removed. Shifted in effect to a later date.

The OP wouldn't be able to apply for this because they work. One of the eligibility criteria for claiming SMI under UC rules is that the claimant as had no earned income during 9 assessment periods.

https://www.entitledto.co.uk/help/Support-for-mortgage-interest-Universal-Credit

Pollycat

venison wrote: »

OP your friend needs legal advice on this not secondhand help from a forum that is aware of all the facts.
The only comment worth making is that she might not get a mortgage at all while working part time on min wage, i'm not sure lenders would count uc and child maintenance as income, unless there is a lot of equity in the property.

I agree with this.
My friend wanted a mortgage of less than £20k on a property worth £120k so she was putting £100k equity in.
Her 'income' was similar to what the OP says the 3rd party is - minimum wage plus benefits.

She was refused a mortgage from the bank she'd been with for many years but was offered a loan by the same bank.
At some shocking interest rate like 12%.

Luckily her parents stepped in and loaned her 20k.
The OP's friend should not rely on being able to get a mortgage in her own right, even with proof of income.

chiefie wrote: »

This has happened to someone close. She cant get a mortgage on the property that she and her kids live in till she has proof of income - including uc and child maintenance. She works but on min wage and no work term time. This will take 6 months. Should the husbands pay half the mortgage at this time as he will benefit from the equity when she takes her mortgage out ?

Before my friend found the above house, she paid all the mortgage on the joint property.

She had no choice as he refused to pay.
When it came to the split of assets, the fact that she had done so was not taken into account, so he benefited from the fact that she had paid it all.

WhenIam64

One of the eligibility criteria for claiming SMI under UC rules is that the claimant as had no earned income during 9 assessment periods.

The Gov site appears to be misleading on this one but the legislation is clearer. Thanks for the correction.

Seems they'll just have to work it out as the mortgage is a joint debt