Benefits Qu - need to separate, joint mort, I'm disabled, do I get help with int?

[tunafortea]

HI
Just that really.

I have a joint mortgage with my husband.
We NEED to separate, we are utterly miserable and so are the kids.
He works (low pay).
I am in receipt of DLA and incapacity (long term).
He says he cant leave as he cant keep paying 50% of the mort and his new rent. although he wants to.
I have been to CAB but they couldn't tell me:
a. will I get 50 or 100% of the mort interest paid whilst i am unable to work?
b. if so, is it paid without limit of time, or would it only be for a few months?

Would like to stay in house if poss for sake of kids (1 SN).
Be grateful for any advice!

I would suggest talking in the first place to a solicitor and in the second to CAB. Your husband has certain financial obligations to the rest of the family - especially the children's accommodation - but, if there is a large marital asset like a house, it is often recommended to sell up, split the proceeds and everyone move on, downsizing accordingly.

The Turn2Us Online benefits calculator is another good source of information. Run your stats through it and see if your total income would be far short of what you need. I don't think you would be entitled to help with your mortgage if living solo however you could get other help such as council tax benefit which you may not be entitled to at the moment

Sorry... just seen you've already been to CAB. A solicitor may be helpful

Getting Help With Your Mortgage Payments

Thanks, CES

We have tried to sell the house but the market is completely flat at present where we are. Its been on the market 3 years now
There was some equity but that is now largely gone due to falling prices.

'd'h says he is happy to 'walk away' from house (but leaving me with big mort to pay off one day....).

He wont' go unless he knows he has enough money to pay his rent.
If I go, he doesn't earn enough to keep house going solo.
If I stay I need to be able to pay mort interest at least (it is int only).

Did call solicitor and run it past her but she doesnt know much about benefits so still unclear on what my position would be?

The DirectGov link had some information on claiming SMI and suggested talking to JobCentre Plus. If you talk to them, see how much you'd get towards the mortgage and then run the Turn2Us calculator and work out the other income you'd get, you'd be able to see what kind of shortfall there is to keep the house running... including bills, groceries etc of course. If it's a relatively small amount, your DH might be able to cover it and still afford a place to rent. If it's a large amount, you may have to make bigger efforts to sell the house and start fresh

THanks, CES

Will make some calls on Monday morning!