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askcab - housing issues
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If I go where am I going to stay?
This is a problem everybody faces when they think about leaving home. Initially you may need to consider moving back to your parents or to friends. In the case of violence there are hostels and the local council can sometimes help but essentially you are on your own. Don't think you have to leave straight away because you may well have rights to stay, that are as strong or stronger than your partners. |
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Will the council find me somewhere to live?
They might, providing you're homeless. To prove that you'll have to pass the five tests laid down.
If you are between 16 and 20, disabled, have young children, have been in care, prison or the armed services you may be a priorty case. |
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Can I afford the rent or mortgage on a new place?
This is something you will have to look into. For mortgages you could see a mortgage broker or independent financial advisor.
For rent you may be able to get some help from the council through housing benefit but it will depend on your income, capital, kids, how much the rent is. For more info check with your local CAB or local council. |
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If they go can I afford to stay in the house?
Only you'll be able to answer that. Look carefully at how much is being paid on the present mortgage or rent. Now look at the other outgoings, council tax, electric, water, gas, insurances, etc. Once you've worked out what has to be paid out each week you'll know if you can afford to stay.
Be careful don't overstretch yourself because a slight change could throw everything out and you could end up in serious debt. |
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Is there anything I can do to stop my ex from selling the house from under me?
Yes, if the mortgage is in joint names then you own 50% of the house, even if you have never physically paid out a penny, and therefore your ex can't sell without your permission or the court odering it. Even if you are not a joint owner you may have a "beneficial interest" in the property which means that you should have a say in what happens to the house, especially if children are involved and they are going to live with you. But watch out as you might have to buy your ex out and that may mean you downsizing. Be sure to take advice. For more information go here |
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Do I have any rights even though I have never paid anything towards the rent/mortgage.
Probably. If you're married you certainly will have "matrimonial home rights" or a "beneficial interest" also as most people tend to rent or buy in joint names these rights come automatically and do not need to be registered. For more information go here |
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As we're gay are there any differences for us regarding housing and splitting up?
Yes, there are. Firstly, if you want to claim any rights to the property you will need to show beneficial interest and that would mean proving that you'd paid part of the housing costs. This could be a regular contribution to the rent or mortgage or paying the insurances on the property but you will need to have proof. |
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I want to stay in the house but he/she won't move out. Can we share?
Yes you can some couples may wish to end their relationship but be unable to live in separate homes for financial reasons or because there is a lack of available accommodation. The couple can operate as separate households within the same house and no longer perform any services for each other, for example, cooking or cleaning. This arrangement can be a way of ensuring some independence from each other while continuing, for example, to share child care responsibilities. However, it may be difficult to prove that a separation has actually taken place. This will affect the ability to claim benefits independently, for example, income support. It may also be difficult to prove the separation as grounds for divorce. Making a separation agreement might be a useful way of overcoming these problems. |
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