Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Can I apply for council housing whilst still living with husband in mortgaged property?

49 replies

heebyjeebs · 07/08/2024 08:45

I am married to and live in a house that is mortgaged in my husbands name. We are separating and I need to move out, I want to stay local for the kids sake but rental properties are few and far between though I am looking. Am I able to join the council housing list whilst still married and living together? Because if/when a house came through and if I hadn't found a rental property yet I would then move out into that. I'm probably naive, I know this is all looking near impossible.

OP posts:
millymollymoomoo · 07/08/2024 08:48

I think you are unrealistic in the timelines for a council house.

23Shadows · 07/08/2024 08:51

I doubt it because you're adequately housed currently. But even if you could join the list it'd likely be years before you are offered a property. Whereabouts are you?

ButtSurgery · 07/08/2024 08:52

You can join the list but you'll be low down the priorities as you are adequately housed and currently have a mortgage.

You'll need to get your place sold, but are you then in a position to buy?

TtheC · 07/08/2024 08:57

Where in the country do you live? It's generally a 2-5 year wait here.

ALovelyCupOfNameChange · 07/08/2024 08:58

In my area I couldn’t. I believe the rules have changed now as mine was abusive.

Original poster
heebyjeebs · 07/08/2024 08:59

My husband wants to keep the house, it's the kids home and he doesn't want to sell. He's begged me to not put him in a position where he has to. I'm the one choosing the separation and I feel so guilty and want to minimise the pain on everyone. He has said he can help with the costs of me renting and furnishing to start with and universal credit will help me sustain that. I'm not on the mortgage or the deeds, we've only lived here for a few years so there isn't much in terms of equity and we both have personal debts so I guess if he pays mine off as he's offered and UC helps me keep afloat then in the long run I'll be ok. I have spoken to citizens advice who told me I would be entitled to £928.75 with housing support as well as 85% of my childcare costs on top so that and my part time salary I will be ok. It's just finding somewhere. I have no previous rental history. I don't really know how to leave.

OP posts:
Mrsjayy · 07/08/2024 08:59

millymollymoomoo · 07/08/2024 08:48

I think you are unrealistic in the timelines for a council house.

This, the lists are likely long there isn't anything stopping you enquiring and applying though Op but you might not get anything and you are stuck for years living with him.

liame · 07/08/2024 09:03

It probably depends on the area.

20 odd years ago I went to the council. They said I would need to be homekess and prepared to go into a hostel to be out on the list.

I've wondered the same. I can't leave my husband until I have somewhere to go.

I know you're unhappy but they will probably say this is your choosing and not priority.

I know it's crap.

Tikk · 07/08/2024 09:10

Impossible here to go from owned straight until a council house. You need to present as homeless and you'll be placed into emergency accommodation which might not be in this county. Once there you'll still have a very long wait and things like 3/4 bed houses are hens teeth.

I would look at private rentals but I also wouldn't leave him in the house, it's sad he doesn't want to sell it but that's not what council houses are for.

Mrsjayy · 07/08/2024 09:13

Yes if you are considered homeless and present to the LA as homeless then you might be housed quicker I know your husband is being amicable about the split but you might need to have a proper seperation.

TruthorDie · 07/08/2024 09:14

Tikk · 07/08/2024 09:10

Impossible here to go from owned straight until a council house. You need to present as homeless and you'll be placed into emergency accommodation which might not be in this county. Once there you'll still have a very long wait and things like 3/4 bed houses are hens teeth.

I would look at private rentals but I also wouldn't leave him in the house, it's sad he doesn't want to sell it but that's not what council houses are for.

This. In my area you would get nothing anytime soon. Maybe 2035-2040 and that’s being optimistic

DoreenonTill8 · 07/08/2024 09:20

heebyjeebs · 07/08/2024 08:59

My husband wants to keep the house, it's the kids home and he doesn't want to sell. He's begged me to not put him in a position where he has to. I'm the one choosing the separation and I feel so guilty and want to minimise the pain on everyone. He has said he can help with the costs of me renting and furnishing to start with and universal credit will help me sustain that. I'm not on the mortgage or the deeds, we've only lived here for a few years so there isn't much in terms of equity and we both have personal debts so I guess if he pays mine off as he's offered and UC helps me keep afloat then in the long run I'll be ok. I have spoken to citizens advice who told me I would be entitled to £928.75 with housing support as well as 85% of my childcare costs on top so that and my part time salary I will be ok. It's just finding somewhere. I have no previous rental history. I don't really know how to leave.

How old are the dc? Could you go back to work full time?
Re the needing to claim back childcare costs, will he not pay his share?

Biggaybear · 07/08/2024 09:21

We were in this situation when we divorced 10 years ago. Had to private rent but exh acted as guarantor. Also paid 6 months rent upfront to secure the property, although I believe landlords don't like this anymore.

confusedNC · 07/08/2024 09:26

I know not what you're asking but the house is jointly yours as you are married even if your name isn't on the mortgage.

If you divorce, then usually he'd buy you out if your share if he wants to stay there. Though there may not be much equity, but it needs valuing and all that needs working out properly.

I'm sorry. It's a terrible experience even if it's what you want.

OpizpuHeuvHiyo · 07/08/2024 09:33

Your name not being on the deeds is irrelevant - you are absolutely entitled to 50% of the value of the house. Your STBXH is deceiving you, pretending to be generously offering you support for renting when in fact you are fully entitled to half of all the assets of the marriage. Marriage ties two people's financial properity together. Unless you only married a year or so ago, you should each be approximately equal in your wealth after you split.

Done properly, you won't need council housing as you will have enough resources in your own right to be able to house yourself.

LittleOwl153 · 07/08/2024 09:37

I'd approach the council. No you won't get handed a suitable council property, but they might be able to help you source a place, help with deposits etc.

Your husband might want to keep the house, but unless you have equivalent funds in the pot to give you your share of equity then tough. You need to ensure you are both adequately housed for your children's sake. You might be feeling guilty about breaking up the marriage - however clearly this isn't all on you (unless you've had an affair etc) so you need an equitable outcomem remember whatever he says to get you out of the house he doesn't have to follow up with once you are out....

NewGreenDuck · 07/08/2024 09:37

If you are married it doesn't matter if your name is on the mortgage or deeds. You still have rights to the property. If you are deciding to separate then in all likelihood you would be advised that you would not be eligible. Your husband has a duty to your children, you need to take proper legal advice, ie consult a solicitor. Not people on mumsnet. And do not sign anything without legal advice, if you become homeless you might be intentionally homeless as you haven't persued your interest in the matrimonial home.

Original poster
heebyjeebs · 07/08/2024 09:39

We've been together a decade but only married two years ago. We took out the mortgage using help to buy and still haven't figured out how to pay that back, we don't have enough equity to even do that let alone me make a profit on it. I just want to be able to get out and rent somewhere and start again I guess.

OP posts:
Royalshyness · 07/08/2024 09:40

I agree he’s being deceptive here. How would you feel living in poor accommodation and he moves someone in (it’s not unlikely)
fight for your rights

SkytreeMadeOfClay · 07/08/2024 09:45

Was he always financially abusive, and he's still carrying it on now by attempting to manipulate you, using your guilt to ensure he keeps your 50% of the house?!

You are owed 50% of your house, why on earth would you need a council house or rental. Splitting up means dividing the assets, a risk he took when he chose to get married. The law no longer cares whose "fault" or choice it was, it just needs dividing FAIRLY. Fair starts at half each.

He can't have his cake and eat it, he can't keep the house and turf you and the kid/s out into the uncertainty of renting. At the very least, if he must stay there, he would have to buy you out (eg give you your half). But legally speaking, you would have more rights to stay in the property if you're the primary carer of the kids.

Don't be taken for a mug, don't be manipulated into making your and the kids life worse. Presumably his behaviour contributed to the split, keep that in mind while you sort out what you are fairly owed. Get advice from a divorce solicitor.

SpaceRaiders · 07/08/2024 09:47

I’d be very wary of accepting any financial arrangements out of guilt.

Renting on a single income these days is difficult even when topping up with UC. Unless your annual income is 30 times the monthly rent you will find it incredibly hard to find an agent/landlord willing to accept you.

Punkrockprincess · 07/08/2024 10:09

Anyone can apply for council housing, but your circumstances mean you would be waiting years.

TheMixedGirl · 07/08/2024 10:10

It doesn't matter if it's mortgaged in his name. You're married it's communal property. I'd be seeking legal advice.

Choochoo21 · 07/08/2024 10:13

Are you in London?
Your UC seems incredibly high.

As you are the one wanting to separate and leave, then you are doing the right thing by your kids by being the one to leave.

You may be able to apply for a council home but you will be right at the bottom of the list and it will be years before you are offered a property.

It may be worth doing still but I’d still look for private rent.

millymollymoomoo · 07/08/2024 10:37

@OpizpuHeuvHiyo she’s not entitled to 50% of the house
she’s entitled to a fair share of its equity - which may be more or less than 50%, although op indicates there is not much equity anyway

why are you not looking to work full time ?