What is my housing situation classed as?

[gertrudemortimer]

I posted a while ago under this name about me and my ex separating. We still can't agree on what to do but he is not budging an inch on wanting to sell the house or even acknowledging that I will struggle to pay rent that housed me and son close to his school he says it's my problem. He said when we sell he'll split the equity 50/50. the solicitor told me there is no issue with me proving my rights to the house and he thinks I will be able to stay and I shouldn't leave but that's easier said than done if you're not living here.

None of my rights to this house are in writing as of yet but ex fully accepts it is half mine however he's using the fact my names not legally on it to leave me with no rights or options, he says it's 'the only card he holds'. I'm trying to do a benefits calculator (for the umpteenth time) for what I would be entitled to if I left now, before the house sold as I can't stand this anymore I'd have to move out of this area and away from sons school so he'd have to stay with his dad most of the time, I just give up. I'm working two jobs but can barely get any shifts to fit in with my sons school/child care and ex's shift pattern, I need to be able to get shifts to pay rent if I have to rent a family home. I probably need to be doing it now so I can prove I can afford a tenancy. I can afford a house share now so I think I have to do it to get out.

The options for current housing situation are -
council/HA -no
Tenant - private sector - no
Mortgage or owned outright - no? Or is it yes?
Shared ownership - no
Boarder or lodger - ?
Supported accommodation - no
Temp accommodation - no
Living rent free with family/friends - no
Homeless - no

Which one am I? Sorry for rambling. My head is fried. I want out of this situation ASAP.

it is not clear from your post whether you are/were legally married to this person.
that would make a great difference, i think.

Definitely mortgage

Not married, we were engaged and I was pregnant before we bought the house. 1/2 of the deposit was mine, paid bills and house building works etc since we moved in. Proving my interest in the house isn't an issue according to my solicitor. He thinks it would be cut and dry that I can stay until my son is 18 but at what cost? My ex will not leave, legal fee's would be cheaper than a year of rent but then we probably wouldn't be able to get along for a long time.

He could get another mortgage as well as this one but he wants the equity for a new car. We live 10 houses down from my sons school and I really don't want him to have to change schools when he's in reception with all his nursery friends. It is such a mess and I think that me leaving them to live here is the best for my son as arguing is only going to get worse and ex will never do it unless the house sells.

Leaving your son with your ex who sounds like a bully and who has never been Primary carer is in no way best for your son.

Has he won’t you down to this way of thinking or do you genuinely believe this?

Your housing status is homeowner- mortgaged.

Your ex needs to move out- if you move out then you’ll still have a legal battle getting him to sell I imagine- it sounds like he is doing his utmost to make this as hard as possible for you.

Have you applied for child maintenance yet?

He is trying to say my post natal depression 4 years ago, that I never had diagnosed and dealt with by myself, (not even sure if it was pnd and he certainly never mentioned it at the time) drove him to use a site called Ashley madison. He said tonight I had issues around sex due to my sons birth and it drove him to it. He has turned into a self absorbed prick, not even a shred of remorse just blame thrown at me. It just comes down to him not getting enough sex, that seems to be all he is or ever was bothered about.

I don't think he's intentionally trying to bully me into giving it all up but that is how I feel now. My son would be financially more secure with him and he has said in the past that if he can afford to house him then it shouldn't matter if I can't and at times I think he is right. I don't know if I'd be entitled to child maintenance as I'd have to work all the time to pay for rent. He usually works two/three days a week but he works away usually with short notice which is why I'm struggling to get shifts that fit in with everyone.

Have you checked if you are entitled to any benefits? You may find that as a single parent you may be better off just working one job & then claiming universal credit, you would be entitled to the housing element as well which would pay rent for either social housing, private rental or for the rent element of shared ownership.

why would you not be entitled to child maintenance. the amount might be affected by your own income, but unless the child's father is penniless, surely he legally has to contribute to the child's expenses.
why would it be all down to you to provide for the child.

@alexdgr8 I didn't think I'd be entitled to child maintenance because there's a good chance I'd have my son 50% or less of the time. I work permanent weekends and then a second casual job week days. Ex only needs to work 2 days a week

@Nat6999 I am going to look at that now, so if I go in to renting but declare myself as a homeowner I can still receive help? I wasn't sure if they'd allow it or if I even am a homeowner

I've used the turn2us calculator it says if you are leaving a house you own due to a relationship breakdown or you're in a legal dispute about the house then you don't need to declare it with them until 6 months after you've left the property. I would get about £751 extra per month with UC the way things are now for me financially and I wouldn't have to live with him anymore, that would basically pay for the full rent of a two bed house. Do estate agents need proof of the benefits you'd be entitled to before you rent?