Separation and joint mortgage - what are my rights?

[exWifebeginsat40]

Long, sorry.

I split with my exH in December, and moved from our 4 bed house to a 1 bed flat in the nearest town. I get ESA, DLA, Council Tax benefit and Housing Benefit.

I have an IVA, and when it was agreed, I signed a document to say I wouldn't force him to sell the house to cover my debt.

He currently pays me £220 a month - £120 to top up my rent as Housing Benefit and £100 towards my IVA repayment of £200 a month.

I am in the process of trying to get my IVA repayments reduced - when this is agreed he will only pay me the £120 a month to top up my rent (which has since gone up by £15 a month.

He is currently living in our house and earns c. £80k per annum with a bonus scheme attached. I am living hand to mouth and yesterday received a fantastic donation from the food bank.

What am I entitled to? Can I insist he buys me out and takes me off the mortgage? I would use the money to pay off my debt as per the terms of my IVA. Also, what about his pension?

I'm feeling very scared about kicking this process off - his dad has recently been diagnosed with cancer, and I feel like a bitch. However, we lived in that house for 8 years and I contributed to the household for all that time. I know it will end the amicable relationship we currently have, but frankly I have no other option. I am drowning, and I can't even go bankrupt for a fresh start while I am on the joint mortgage.

Help!!

sorry - *£120 to top up my rent as housing benefit does not cover it

I would say if there are no children involved then yes he should buy you out. Can you see a soliciter for advice. You should be able get hold of your equity if it will help you outof your current situation.

nope, no children involved. i can't get legal aid since the rules changed. will try for an appointment with the CAB..

Surely you must be entitled to half the equity in the house at least. Why not contact the Citizens Advice Bureau.

that's what i was thinking. i think i was so pathetically grateful that he paid the deposit on my flat and is Guarantor that i forget that he cheated on me, and is sitting pretty, while I had a donation from the Food Bank yesterday...

And I just had this other thought. If your name is still on the mortgage would you be liable if he defaulted on payment. I know this is probably hardly likely but technically speaking you could be. You certainly need advice on this. You need to get a fair deal.

i would be, yes. my brother in law has said he'll look into the legalities for me, bless him, and i'm going to book with the CAB next week.