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Divorced, But Still Living in the Same House...?

(6 Posts)
NameChange1011 Tue 15-Oct-13 15:24:46

We have three children all in full time education, and we are all living (me, the kids and the exH) in what was the marital home, which has an outstanding mortgage. This house is in his name only, as are the debts of the marriage (the ones I know about, but that is another thread.)

The original plan was that I would live in the house until the end of the mortgage term, which is a little under 8 years. Then the house would be sold and the proceeds split with me receiving the majority. I would not apply for any money from his pension.

He'd move out and pay the mortgage plus some maintenance for the children.

So, on this basis we had our divorce granted, the judge satisfied that the arrangements for children and finances were reasonable and uncontested. No order was formally given.

Very soon after the divorce was granted exH lost his job, and became very depressed. As a result and understandably, his efforts to move out/find another job have ceased.

The house is in his name, we are not arguing/antagonistic (I am sympathetic that he is ill) but I want to be living separately.

ExH is not claiming benefits of any kind AFAIK. The financial situation is really bad, the overdraft is close to the limit, credit cards maxed out.

He is depressed, he is not functioning. He is holed up in his room. (AFAIK his GP is aware and I imagine he is taking some sort of medication.)

I am working part time (less than 20 hours a week), I have completed the online tax credit calculator which indicates that I may be eligible to apply for working tax credit and child tax credit. I have rung the application line and a form has been dispatched.

So, taking all the above into account, my question is this: Would I be able to apply to be rehoused by the local authority?

He is not throwing me and the kids onto the street, but, by not working or claiming benefits things are becoming extremely difficult.

We are divorced and I want to live the life of a divorced woman, ie without my exH.

What can I do to achieve this?

(Have reposted from Divorce/Separation)

cestlavielife Tue 15-Oct-13 15:37:25

call the housing dept but you would at best case scenario be put on a long wait list....

how much equity is in the house?
could you take on the mortgage, even interest only?

or could it be sold now and you each take a share? what level mortage could you get and would equity be enough to get a place for you and DC? you could have his share in name of chidlren for now ...

he could move out and claim benefits etc.

or you could move out and claim housing benefit to top up your income and leave him in house - but if no one paying mortage then what?

NameChange1011 Tue 15-Oct-13 15:51:22

I can't take on the mortgage cest as don't earn enough, even for interest only.

ExH won't sell house now as so close to term, plus kids at GCSE stage so would be disruptive.

He is depressed so not functioning cest, he is not leaving the house for weeks at a time, so him moving out is unlikely.

Well, I want to move out but therein lies the problem, I have 3 kids and can not make myself and them homeless.

cestlavielife Tue 15-Oct-13 16:24:29

how is the mortgage being paid? is there risk of repossession?

what treatmetn is exh getting - while it is not your repsonsibility if he living in your house it is, efectively....
ie you could call his GP, suggest a home visit?

NameChange1011 Tue 15-Oct-13 17:07:49

how is the mortgage being paid?* Using the (very close to it's limit) overdraft. Unsustainable*

is there risk of repossession? Yes, as I understand it, you only need to miss three mortgage payments. As I said in my OP, the house is not in my name, so I have no access to relevant information

what treatment is exh getting - while it is not your responsibility if he living in your house it is, effectively....*I have responsibility for our children. We are divorced*

ie you could call his GP, suggest a home visit? No, we are divorced, that is the responsibility of his family and friends.

TheSilverySoothsayer Wed 16-Oct-13 01:05:34

This sounds hard. But do you now count yourself as a sort of friend? Plus it obviously has consequences for you. Would he listen to you?

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