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

[heebyjeebs]

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.

You can go on the list but you will not have any priority until you are homeless or inadequately housed.

You might need to spend some time in a B and B and if you are wanting the children to live with you then they need to be homeless too, which is difficult if their father has room for them.

A lot does depend on where you are though.

Some housing associations work with the council and have the same list, others have seperate lists so check.

Realistically OP, you'd do best to speak to your local housing team and explore your options with them - our experiences nationally are not the same, with different areas doing different things.

Give yours a call.

If there's an abuse aspect to it - financial, emotional, physical, verbal, coercive - make sure you tell them that.

Uc will expect you to take steps to realise your share of the equity op. They will only disregard your share for 6 months initially then will treat you as if you have that share in the bank. They will extend that date if the property is up for sale or you can prove ex is buying you out, but you can't just walk away from it and expect to receive uc. It doesn't work like that.

@heebyjeebs are the children going to be living with you ? If so surely it makes more sense for him to move out . That way the children do have to leave their home.you stay there with the children. He moves out . Rents a 1 bed apartment. Its probably easier to do as a single adult. After all he's the one begging not to sell its the children home etc .

Council will look into things quite deeply want to know where you have lived for past 6 years. Was it's bought , rented etc. Also why you left. They will look onto what rights you have regarding the property your in now. They won't take into account that it's for the children's future etc.

Also with the uc /benefit side of it you have to be very careful. Private rents are very hard to get when your getting help with your rent. Most private rents are now over the local housing allowance. Which is the top amount uc will pay .

I know it’s unpopular on mumsnet where men seem to all be demonised, and in your case he might be awful and you’ve finally got courage to go. But if not , marriages do have ups and downs and maybe there’s something worth working at?

He wants 50/50 so in terms of kids doesn't make much difference who stays in house.

He says that when he was my age he had nothing, so it's fair for me to take the money from the rings and a few grands help with rentals and sign the rest over to him. He doesn't want us to get solicitors involved.

We've been working on it for years. It doesn't get better. I don't know if I've got another 5+ years of working on it in me.

'Money from the rings'? As in wedding and engagement rings? Resale value is pretty shit and you'll probably only get the weight/price.

You HAVE to have a solicitor otherwise he could screw you sideways.

Do it properly OP.

I did when dh left and I panicked. Still awaiting a reply 20 years later

Dear OP, don't let your guilt about requesting the separation cloud your judgement about the division of assets. You need legal advice, and fast. He's pulling a fast one.

This. Don't let guilt cloud your judgement here. He should be buying you out if he wants to stay.

Of course he doesn't want solicitors involved he's trying to fleece you

Sorry OP, you're being incredibly naive here and he is pulling the wool over your eyes. A few rings and a few grand? Of course he doesn't want to involve solicitors. You are being royally screwed over and you need legal advice. Don't be silly! Seriously!

What with a financially abusive prick who is trying to fleece his wife and leave her homeless. Not a chance!

The fact that you have been together a decade even though married for only two years makes your relationship long term as long as you can prove that you were with him for most of those 8 years.

It’s a ten year wait in our London borough

You will be strongly advised as part of your divorce to both get separate legal advice for the financial order.

Lots of London boroughs are sending homeless families out of London as they can't house them before the children are adults.

The properties they tend to have available are one-bedroom flats/studios suitable for certain single people or couples. I do know people who have been housed seemingly quickly but they are either already council tenants with up to one child moving for various reasons, or single people who are either elderly or have a disability.

Very much depends on the area OP, some boroughs have more available stock and a higher turnover than others

You seem to be saying a lot of what he wants this and he wants that. What about what you want and what you are entitled to?
Don't believe what he says. See a solicitor and see what you are entitled to. It's not relevant at all what he owned in the past. Has he ever been the main carer of the kids? If not, you stay in the house, he buys you out and he rents somewhere else?

It's easy for people to say get your equity and get a solicitor

OP has said they are in a help to buy scheme. At the moment selling the home may leave them in a deficit.

You need to do your own research to work out what equity there is and what would be best for the children
It may be that not selling is best. Better to have one stable home rather than 2 homes in poverty.

Solicitor? With what money?
Are you employed? Can you maximise your income at the moment?

I feel horrific the stable home won't be with me. I hope if I can rent somewhere it will be stable. I don't want to lose them. It's been a constant case of not bad enough but life is just passing me by. I want to put my kids first but it got to a point I feel like I'm losing my mind.

OP, it is highly unlikely you are going to qualify for a council house. I've got a friend with two very young children who is homeless and she's been told 5 years. You really do need some legal advice and some professional advice. CAB might be a good start. You are letting your guilt cloud your thinking. A man who doesn't want to involve solicitors and wants to palm you off with a few quid but have you "sign everything over" is deeply suspicious. Who ended the relationship is not the issue here, it's a fair division of marital assets that allow you to go forward with your separate lives. This is not the way to go about it.

Why are you working part time?

You'll find a rental easier if you were working full time?

Speak to CAB, it varies between places but generally speaking even if are able to be put on the list you're looking for a very long wait. The parent moving out generally doesn't get the same consideration if the children are staying put, because they are adequately housed. I'd look to secure full time work so you have a better chance at renting, and find somewhere so you can have the children 50/50.