Need to know where I stand please?

**Inca** · 16th January 2013, 20:22:PM

Re: Need to know where I stand please?

Hiya and

to LegalBeagles x

**PlanB** · 16th January 2013, 20:34:PM

Re: Need to know where I stand please?

Originally posted by xprettypeachx View Post

I have joint mortgage since 2005 but been paying the mortgage myself since 2008 as we split.i am currently on mat leave and missed a few months mortgage payments. The house is in quite a lot of negative equity. My ex partner ( he has since remarried) has agreed to take on the house and the mortgage and the mortgage people have agreed to this saying that my name can be taken off after 6 months.
I am moving with his children into private rented at the beginning of next month and hopefully I can get some help with my rent until I can get myself back on my feet. I'm worried about handing the keys over to him with my name still on the mortgage , should I make up a quick plan of agreement and get each party to sign it so just so we all know what is happening and that he has agreed to take my name off after 6 months"

You've every right to be worried. While it all sounds well-intentioned (and I'm sure it is) you need to formalise this arrangement through a solicitor.

First, get the "mortgage people" to put it in writing that they have agreed to take your name off the mortgage after your former partner has made six months' payments.

Second, check what impact owning a property will have on any entitlement to "help" with your rent (I'm assuming Housing Benefit) despite the property being in negative equity because if there is rent coming in it could be classed as income while your name is still on the deeds. Unless your ex-partner intends to live in the house but you've not said what will happen to it when you move out.

Then it gets a bit more complicated. You say you split in 2008 but you are now on maternity leave so I'm guessing (my profuse apologies if I'm wrong) that there is a new man in your life so this has to be factored into the whole process especially when it comes to looking at child support based on your ex-husband's Income & Expenditure including his payments towards the mortgage on a house you no longer own which may leave him with less money to supoort his/your children.

It's nice to see that the father of your children is trying to reach an amicable solution but nevertheless get it in writing signed and sealed by a lawyer :typing:

**xprettypeachx** · 16th January 2013, 20:50:PM

Re: Need to know where I stand please?

Hi inca!
Many thanks for your reply plan b. yes my ex is planning on moving in with ths wife,they both work and have very good salaries. I am waiting to hear about the housing benefit as we speak.

**xprettypeachx** · 16th January 2013, 20:54:PM

Re: Need to know where I stand please?

Hi inca!
Many thanks for your reply plan b. yes my ex is planning on moving in with ths wife,they both work and have very good salaries. I am waiting to hear about the housing benefit as we speak. Sorry forgot to say...no I'm afraid I'm on my own,the baby wasn't planned and he decided to run a mile. Things are quite a mess for me at the moment as you can see, I have posted before asking for advice about this whole situation and found it an amazing source of help,can't thank you all enough.

**labman** · 16th January 2013, 20:55:PM

Re: Need to know where I stand please?

Originally posted by xprettypeachx View Post

I am waiting to hear about the housing benefit as we speak.

You did declare the property ownership didn't you? If not, you need to contact them and inform them of the circumstances.

**xprettypeachx** · 16th January 2013, 21:03:PM

Re: Need to know where I stand please?

I haven't actually applied for hb yet only income support,they said I have to wait to get that through then claim for the hb.

**PlanB** · 16th January 2013, 21:11:PM

Re: Need to know where I stand please?

Originally posted by xprettypeachx View Post

Hi inca!
Many thanks for your reply plan b. yes my ex is planning on moving in with ths wife,they both work and have very good salaries. I am waiting to hear about the housing benefit as we speak. Sorry forgot to say...no I'm afraid I'm on my own,the baby wasn't planned and he decided to run a mile. Things are quite a mess for me at the moment as you can see, I have posted before asking for advice about this whole situation and found it an amazing source of help,can't thank you all enough.

Been there, done that :hug: I brought up my daughter on my own. She used to say "Mummy you're not a single parent you're a double parent". Do you have another thread on this issue which I can follow?

In the meantime I wish you all the luck in the world with your new baby and for his/her sake get all this financial stuff in writing :okay:

**labman** · 16th January 2013, 21:27:PM

Re: Need to know where I stand please?

I married one of you! lol

Single Mum, brought baby up on her own. I took her on when she was 6 (the baby, not the Mum!) - also has a grown up brother who is only 12 years younger than me.

Tough old job being a single parent.

**xprettypeachx** · 16th January 2013, 22:09:PM

Re: Need to know where I stand please?

Lol lab man and thank you plan b. I haven't recently posted but have posted before which explain the situation a lot more. I have struggled the last few years, working 60 hour weeks ,juggling child are etc etc same as lots of other mums and dads, single or not, one thing it has taught me is, just how strong I am and how proud of how far I have come.

**PlanB** · 16th January 2013, 22:12:PM

Re: Need to know where I stand please?

Originally posted by xprettypeachx View Post

Lol lab man and thank you plan b. I haven't recently posted but have posted before which explain the situation a lot more. I have struggled the last few years, working 60 hour weeks ,juggling child are etc etc same as lots of other mums and dads, single or not, one thing it has taught me is, just how strong I am and how proud of how far I have come.

:clap2: :clap2: :clap2::clap2:

**jon1965** · 16th January 2013, 23:02:PM

Re: Need to know where I stand please?

When I needed to claim HB I had awful problems as I still owned a house that my estranged wife lived in. Normally they will pay HB for 6 months after separation but we had been apart for 10 years but never divorced. In order to get round this they wanted a valuation and a copy of my mortgage statement. This is to prove that I didn't have money tied up in property.
The problems I had were that I did everything they asked but it was never quite the right thing so we went round in circles. Just be warned. This was Hinckley Council in leicestershire.

**Celestine** · 17th January 2013, 00:17:AM

Re: Need to know where I stand please?

You said in your first post that you and 'his children' are moving into private rented accommodation.

As your ex is on a good salary, why aren't you getting any maintenance?

**xprettypeachx** · 17th January 2013, 00:35:AM

Re: Need to know where I stand please?

Yes I am getting maintenance. I can see I'm going to struggle,. If I don't move out though and let him take over, the house will be repossessed and I am going to have to face bankruptcy because the amount we will owe will probably be in the region of 25/30 thousand.
after discussing it with the ex and his wife,it seemed the best way around the situation.neither of us wanted to end up in a massive finational mess for the next 10 years.

**Celestine** · 17th January 2013, 00:53:AM

Re: Need to know where I stand please?

25-30K of debt, that's going to take some serious structuring, otherwise you'll just get swamped. Start a thread in the Debts forum, you'll be amazed what can be achieved. Have you got a plan yet? If not, I'd recommend you contact Labman by PM. There may be lots of ways to make this situation MUCH less painful. xx

Need to know where I stand please?

Need to know where I stand please?

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