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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34483
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am currently joint home owner of the marital home and

Customer Question

Hi. I am currently joint home owner of the marital home and due to a relationship breakdown need to move our of the property with my two children, aged 12 and 7. My husband has agreed to allow me to remove my name of the deeds and replace it with my two children's names as the property is the only provision we have made for their future. I am currently only working a 20 hr week and would need help from housing benefit to pay my rent on the new property. By doing this do I qualify for housing benefit? I won't be wanting or getting anything from the marital home, just want to make sure my kids have a start in life with something. My hubby is continuing to live in the marital home and will be paying the mortgage although the children will be living with me. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
May I ask why you are leaving the property and not your husband?
Clare
Customer: replied 2 years ago.

Hi, thanks for your help, I appreciate it. The house is worth approx £150,000 and the outstanding mortgage is £87,000. I should also mention that we live in Northern Ireland.

I have left my husband but we are trying to be amicable for the children. I am trying to be wise and sort the house issue before initiating divorce proceedings. We have had severe marital problems for years and have reached the stage where it is affecting the kids severely, especially the older one. My husband refuses to leave the house as he has always paid the mortgage and it is convenient for him for work etc. The house was my family home before we bought it (cheaper than market value) of my parents when we married in 2002.

Expert:  Clare replied 2 years ago.
Hi
Would you prefer to remain in the house?
Clare
Customer: replied 2 years ago.

Initially yes, but because we couldn't come to any agreement, I have signed a 12 month tenancy agreement for a house approx 30 miles from our current home.

Expert:  Clare replied 2 years ago.
Hi
May I ask how old you are?
Clare
Customer: replied 2 years ago.

I'm 37

Expert:  Clare replied 2 years ago.
Hi
I have to ask - can you really afford to give away £30,000 like this?
Clare
Customer: replied 2 years ago.

Do u mean give £30000 to my children?

Expert:  Clare replied 2 years ago.
Hi
But you are not giving it to your children - they are too young to be named on the deeds.
You will instead be giving the property to your ex who can hold it on trust for himself and the children - but he will be the one who has the privilege of living there as long as he wants
In addition you will not be eligible for Housing Benefit as you will have "given away" substantial funds.
I am sorry to give such bad news - please ask if you need further details
Clare
Customer: replied 2 years ago.

Oh ok. Thanks for all your help and advice. I will need to think it through again.

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - please ask if you need further information
Clare