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Housing benefit help..

(12 Posts)
Taylorandnicolesmummy Sun 06-Mar-16 17:15:32

Hi, not sure if this is the right place to post this but I live with my partner in my house, he has a house which his ex is living in and he is paying the mortgage. She has recently asked him to remove her name from the mortgage so that she can get a housing association house. I'm not really sure it's that simple is it?
Rather than remortgage in his name he's now thinking of selling in stead but surely she will be seen as having made herself homeless by selling the house and won't be entitled to help??

RandomMess Sun 06-Mar-16 17:20:51

Were they married, was she on the deeds, do they have DC, how much equity is in the house?

QuiteLikely5 Sun 06-Mar-16 17:21:50

Not if they have split up, they just say it was a marital asset and neither could afford the mortgage alone.

If he wants to keep it on he will need to prove to the bank that his income is enough to justify however much the mortgage and its repayments are as I'm assuming that when they got the mortgage her income was taken into account.

If he puts it for sale then they are likely to tell her that once the property has a completion date, bring the solicitors letter and they will re house her in time for completion.

That is if she goes to the council and down the homeless route but housing associations you can just apply to those for housing and they select you according to their own criteria.

However there are so many throughout the country I believe they all have differing approaches as to who and when they offer their properties to.

Good luck smile

AnchorDownDeepBreath Sun 06-Mar-16 17:27:35

If they are both on the mortgage, they both own it, rather than him owning it and her living there?

To remove her name from the mortgage, he'd need to remortgage the whole thing in his own name, and pass affordability tests. He can tell them that he's been managing the payments on his own whilst living elsewhere but it may not matter. This won't be a problem if he earns enough to pass the checks, though.

If they sell the house, they'd need to split the money between them. This would mean that she has capital, which would affect any benefit claims (and stop any claims if she has over £16k). There is a disregard period for just-sold houses but it's not long.

Removing her from the mortgage wouldn't be enough anyway. She'd need to be removed from the mortgage so she could claim that she doesn't own a home. She'd then need an eviction notice from the owner of the house (your partner) at the moment, giving her reasonable notice to leave. She'd need to take that to the council, and they'd assess how much need she has for a council house. This will depend on lots of things - if she earns enough to get a private rent, if she has children or disabilities, etc. She'll be added to the waiting list, and advised to stay in the house until she is evicted, which involves going to court. It won't be free to bring this action against her. Once she has been physically evicted, the council will reassess her priority, as she is now homeless.

If she isn't a priority (no children or severe disabilities), she could be waiting some time for a house. It's about three years for a house if you are placed in the second priority band where I am, in the Midlands. Towns tend to be longer.

You'd need to discuss who would pay for the court action, etc, if he goes ahead with this...

Taylorandnicolesmummy Sun 06-Mar-16 17:42:42

Anchordown that's the impression I was under, he would either have to remortgage and evict her so that she becomes homeless but she would have a percentage of equity from the sale of the house (which is likely to be more than 16k) I have told him to tell her to get some proper advice but she hasn't as yet and I have no experience of this.
He wouldn't keep the house as we would hope to sell born of our houses and buy one of our own when all of the lose ends are tied up so selling would be the route he would go down.
Being evicted by her ex Dosent sound nice and I'm not sure she realises this may be what she needs to do

Pinkheart5915 Sun 06-Mar-16 17:45:49

I came to comment but everything anchordowndeepbreath said is spot on

RandomMess Sun 06-Mar-16 17:53:16

My understanding is that you can be on the mortgage and not the deeds? You would hope no one would be stupid enough to get into that situation so hopefully mortgage companies ensure you are on the deeds before including your name on the mortgage...

If they had been married whether on the deeds/mortgage would be irrelevant anyway as it would be marital assets.

As there is equity in the house she's screwed as she'd have assets as anchor has said.

Taylorandnicolesmummy Sun 06-Mar-16 17:58:26

Thanks quitelikley I didn't realise housing ass had their own criteria. Her boyfriend has just moved in to a brand new HA house and I think that's why she's suddenly got this in her head. I'm not against the idea because it means we can finally move on and potentially buy our own house but I'm not sure it's all as simple as she thinks xx

Taylorandnicolesmummy Sun 06-Mar-16 18:00:23

She's on the deeds too, I really think she should get some advice from someone who knows what they are talking about but she's very insistent x

Taylorandnicolesmummy Sun 06-Mar-16 18:05:32

If I'm understanding correctly while she won't be eligible for any help from the council she may still get housing association help although if they don't have anything for her or can't help her she will be making herself homeless!!

RandomMess Sun 06-Mar-16 18:25:06

Is her buying shared ownership through Housing Association an option for her perhaps?

She really needs to speak to HA and see what their criteria is etc.

Taylorandnicolesmummy Sun 06-Mar-16 18:30:40

No, she wouldn't get even a small mortgage, her salary wouldn't be enough xx

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