What to do with the house owned as joint tenants

Anna1912

After the relationship breakdown, mother remained living in the house with the child. Property is jointly owned. 
The mortgage is paid by the housing benefit. However the child is shortly going to be 18 and something needs to be done with the house.

What are the options?
- Sell (prob there will be resistance from mother and it'll go to court)
- keep in the family - i.e. child paying mortgage but it may not be feasible for several years)

- anything else?

[Deleted User]

Communicate but one can buy the other out or sell and split proceeds. 

Spendless

Wasn't what happened to the house in the future once (youngest) child became an adult discussed/dealt with at the time of divorce/relationship break up?

I can't see that they're any other options than  either selling up or one party buying the other out. Btw I'm pretty sure Housing benefit doesn't pay  a mortgage, only rent.  There is/was something in place to help with mortgage costs but the rules have changed I believe since I claimed it - over 20 years ago for a brief period,  so depending on exactly what benefit is paying for it, you might find there are rules there as to what happens next. 

Lavendyr

Are you married?

Caz3121

Anna1912 said:

The mortgage is paid by the housing benefit. 

I assume that you mean SMI (loan for mortgage interest)
note this will need to be repaid when the property is sold
https://www.gov.uk/support-for-mortgage-interest/repaying-your-loan

Anna1912

Yes, SMi and unmarried.

Not really, the plan was for the mother to buy out partner but never happened and now the child is coming of age.

elsien

I can't see in benefit for the non-resident parent in keeping the house.
I'm presuming they weren't married so no financial settlement to sort out other than the property?

The mother may very well be happy having a roof over her head whilst only paying the SMI but that is not a situation that can go on indefinitely with nothing being paid down off the capital. What happens at the end of the current mortgage term?  If she's on SMI does that mean she's not working so no prospect of ever taking over the mortage?

The child may have no wish to carry on living with mother for the longer term and (depending on circumstances) might go off to university, get a job elsewhere and never come back. Or they may prefer to rent/buy their own place rather than live with parent indefinitely. Or they may never earn enough to take over the mortgage even if they want to.

Selling up and going separate financial ways seems to be the only realistic option. Otherwise it is a millstone round the non-resident's parent neck which will also impact on their future choices as well. 

Exodi

Anna1912 said:

- Sell (prob there will be resistance from mother and it'll go to court)

I think this is the only realistic option.

Unfortunately this is a tale as old as time and depressing that it gets forced into courts and wastes their time so often. The defense of "I'm used to living here" doesn't wash and it is generally a good way to give a lot of money to solicitors for not a lot of work.

I sympathise with the partner who, despite owning half the house, agreed all those years ago to move out for the sake of the child, to have the mother renege on the agreement when it comes to the end.

Even if we ignore the politics of it, from what has been described, it also sounds like selling is also the only way to settle the SMI loan. That situation can't continue forever.

Anna1912

elsien said:

I can't see in benefit for the non-resident parent in keeping the house.
I'm presuming they weren't married so no financial settlement to sort out other than the property?

The mother may very well be happy having a roof over her head whilst only paying the SMI but that is not a situation that can go on indefinitely with nothing being paid down off the capital. What happens at the end of the current mortgage term?  If she's on SMI does that mean she's not working so no prospect of ever taking over the mortage?

The child may have no wish to carry on living with mother for the longer term and (depending on circumstances) might go off to university, get a job elsewhere and never come back. Or they may prefer to rent/buy their own place rather than live with parent indefinitely. Or they may never earn enough to take over the mortgage even if they want to.

Selling up and going separate financial ways seems to be the only realistic option. Otherwise it is a millstone round the non-resident's parent neck which will also impact on their future choices as well. 

Yes, mother is not working