Adding a name to my mortgage when I am on benefit

[dawnwhitlock]

My property is solely in my name but my husband with whom I am separated has a joint financial interest in the property and had paid the mortgage up until he moved out and housing benefit took over the mortgage and continue to do so. Can his name now be added to the mortgage and I come off housing benefit and also if it can, in turn can my name be removed in approximately 6 months time?

[lady_p_gold]

I think this needs more clarification ... are you saying that the property is in your sole name and the mortgage is in your sole name? So you are proposing that his name goes on the mortgage and then your name is removed, therefore leaving the mortgage in his name ? Firstly would he agree to that and secondly why do you want to do it ? You say he has a joint financial interest in the property, if he is not on the mortgage do you mean because he is your husband ? There are lots of imponderables here and maybe you could give a fuller picture so that someone more expert than I, can unravel it.

[phoenix67]

Hi and thanks for your answer, it is certainly complicated. The property is solely in my name. When the property was purchased 13 years ago he was not in a position to have his name on the mortgage and we didn't see a time we wouldn't be together, we are now separated and he is buying my share of the property, in order to do this he has to do a preferential sale and get a non status mortgage due to circumstances which is considerably more than the current mortgage on a property he already jointly owns apart from in name. What would be a much better option for him is to have his name put on so that he takes over the current mortgage. I am moving out and into rented accommodation and we have reached a cash settlement so I will then need my name taken off the mortgage in order to apply for benefit on my rented accommodation.

[lady_p_gold]

Wow well that is complicated ... my first reaction is to say stop and ask if you have sought legal advice. I am concerned to think that he already has a property and that you are going to be moving into rented accomodation with benefits. When you say he is buying your share ... who has decided how much that is ? I think we need someone with more legal knowledge here. If he can afford two mortages then why isn't he paying you any maintenance etc. etc.

[themas]

You say housing benefit took over the mortgage. That is not possible - housing benefit is only for rented property. Do you mean that you are on income support and that they are paying the mortgage interest?

If you are moving out why is the house not being sold? - it was the marital home but it appears neither of you will be living there. You need advice from a family law solicitor - if you are on income support you should get legal aid for this.