If you apply for an occupation order (no need to prove violence) the court can make an order forcing him to pay some or all of the outgoings on the property. within divorce the court can order he pays you maintenance until the case is sorted out.
Thank you so much. I have looked at the occupation order before, do you have any experience of this, what i would like to know is as i'm trying to save costs is it easy for me to do it without a solicitor?
I'd always advise you get legal advice for something like this. It's not a straightforward "he gave me a black eye, now give me an injunction" type of application, so there's more law involved. Last time I did one of these (last Autumn) I had all my case law ready to quote at the judge.
Far better I'd say to start divorce and sort things out through the divorce. The court has the power in divorce to order he pays the mortgage. Look at para 51 of the Financial Remedy Omnibus here (takes you straight to a Word document).
I think you may be able to claim tax credits if you can prove you live completely separately within the same house. I'm really not sure of the rules but I think you need to show you do not share meals etc. It's worth applying
It is unwise of him to do this even from his own point of view. Because it will affect his credit rating. If you're both on the mortgage you're both responsible for paying it. I don't think tax credits will go anywhere near meeting a £800 a month mortgage payment. You need to divorce and have separate finances as he can't be trusted. See a solicitor immediately. I'd say he has done this for pure spite. Unless he genuinely can't afford the repayments.
If you claim maintenance from him then combined with tax credits and your work you may be able to pay the mortgage. Bear in mind that he will need to house himself too and inevitably you will have less money.
Definitely yes to claiming any benefits as if you were living as a single person. Be very clear of the situation when making the claim. But as a fraud officer of 30 yrs + (we also investigate TCs on behalf of HMRC) I would have no problem with this for a period of time - up to a year. I would then want to talk to the claimant and find out the long term plan. However at the moment , start claiming based on your sole income right now!