What is my friend entitled to in this break up

[askingforafriendd]

She has finally broke up with her child of a partner. They have 2 children, both in primary school.
He is refusing to accept this, says he’s not giving up etc.
She is adamant she is done with him and just wants to know where she stands.
They have a mortgage, as far as she is aware they are 50/50 on it. It was his inheritance off grandparent that was used as a deposit. He is begging her “not to take the house as it’s the kids inheritance”
She is unsure if she can approach the local council about housing due to being on this mortgage. How does it work? I don’t think she cares about the house as such, just wants a place of her own.
thank you for any advice

So she's not married
Didn't pay deposit
Doesn't pay any of the monthly payments

Honestly I don't think she is entitled anything. Her £3k included in that because she sent it in dribs and drabs.

What?

She should check with the Council housing department
Where I am she would have no chance,but other areas might be different
Might be better for DC to stay in their home and for her to get a private rental or move in with family

She will have to sell the property and they both will get back what they brought into it.

When that is finalised, she needs to think about how to secure housing going forwards, whether that be applying for council accommodation, purchasing another property or privately renting.

Thats the first thing she needs to do - sort out where she is going to live.

Sorry, there was a spammy post I reported as it was zapped so my subsequent post made no sense

Then legally she didn't "put 3k into the house deposit". She simply gave him 3k. Which was pretty stupid of her. But it's done now so that's that.

She can't get housed by the council. First of all it's not that simple. She'd be in temporary accommodation for months/years. It's not what's best for DC if she has other options.

Government doesn't let you walk away from what is yours just so you can claim things. If all she can afford is food what's she planning to pay rent with? She'll need universal credit. Which is means-tested. Deprivation of assets is a thing. Meaning if she's entitled to some of the equity in the house then she needs to obtain that. Whether that's the house being sold or him buying her out. It's not a moral decision, it's a necessary practical and financial one. She needs to get everything she is legally entitled to.

He doesn't seem like he'll play fair so she may need to take him to court to force him to sell/buy her out. Her position is stronger if she remains in the house. If she leaves, he has no incentive to do anything because he'll have what he wants, the house to live in and all the equity. She needs to stay there so he needs to buy her out or sell the place in order to get rid of her. She should stop sharing a bedroom with him or having sex with him, stop buying food for him or doing house chores for him and date whoever she wants because they're no longer a couple. She needs to increase her earnings too, obviously.

Ignore his bluster about the house being the DC inheritance. That's bullshit aimed at getting her to walk away with nothing. Her share can still be her DC inheritance if she's in possession of the money when she dies. Realistically though, with only a part time job, she's going to have to spend it.

The problem she has is that "we've split up and I don't want to live there anymore" isn't a reason to need housing by the council. She is housed already.

OP if she's on the deeds and therefore entitled to some equity, she needs to obtain that before moving out. When the house is sold or he has bought her out that's the point at which she has no rights to live there and is homeless, so could ask the council to help with housing. They will probably tell her to spend the equity on a private rental, but may help her find a landlord that takes people without much earning potential, if she only has a part time job.

That's her first step, finding out if she's on the deeds.

she would have applied for a mortgage and completed paperwork and gone through money laundering checks to clarify where the money was coming from and if it was a gift or if on the mortgage. There are yearly statements and letters or emails about any changes in mortgage or insurance.

You would know if you are on a mortgage or not or have an interest.

She can check the land registry for £7 or you could do it for her. It takes under 10 minutes.

www.gov.uk/search-property-information-land-registry

She needs a solicitor. Re the kids inheritance she can provide her share of that through her share of the house. What that share will be will depend on the mortgage paperwork and whetger she's a) on it at all and b) what was said about the original deposit- is the whole mortgage 50:50 or did he protect his deposit? She should know if she's on the Mortgage though. She'll have had to sign it!

Why do you think they will have to sell the house?

Re the comments about council houses taking years - that’s not true everywhere in the country. It really depends where you live

If its a joint mortgage she is entitled to half the equity, including his inheritance. Personally I didn’t take my ex’s deposit, but was legally entitled to.

She would need to check with her local authority about their rules to join the housing waiting list. Where I am they do not allow you to join for five years if you are a current home owner.

Hi all thanks for the responses. As said before I don’t think she’s after his deposit, she has spoke about just signing the house over to him. She is quite naive I suppose, has left herself open to being left in a shit situation which a lot of women do, but he has also treated her awfully over the years and really took the piss, so I do feel for her. I’ve passed on all of the advice and I have also sent her links to a local solicitor I’ve used in the past. I guess it’s down to her now what she chooses to do.
She’s currently staying with friends with the children so not an ideal situation but said she couldn’t stay there as he wouldn’t leave her alone begging her for another chance.

If she owns half she can not sign over these assets and expect to claim benefits and a council house. Any assets are the same as cash in the bank and signing them away can be seen as deprivation of assets.

She needs the full picture before she decides what to do.

If she’s not married and not on the deeds, the house is his. She may get her £3k back.

What possessed her to have children with him sans marriage and without educating herself about finances and property ownership.

Honestly does nobody THINK before jumping into these situations?

This.
Pronto.

How does she not know if she's on the mortgage? It sounds like she's not even going to manage living apart from him if she doesn't know anything about finances. She'll probably end up with little to nothing- maybe enough for a deposit to rent a flat. Maybe she needs to live with friends or family and become more financially literate before buying/renting alone!

I don’t think she understands the importance now of being on a mortgage etc, and how that’s going to work with the break up.

Well she better learn and fast. She has put herself in a vulnerable position. Sticking her head in the sand will cost her dearly in the long run.

If she works she is not likely to get council housing

Even with two young children ?
I got council housing years ago whilst working, I had a young child at the time

I’m not sure this is true. Shes on the deeds then she will be entitled to half of the proceeds surely ?

Only if they are joint tenants. Tenants in common it will say what split she is entitled to.