Cohabiting owner occupiers and obligations for the home

Where a couple jointly own a property, they will be jointly and severally liable for expenses arising out of ownership, such as repairs, jointly authorised improvements and council tax. If there is a joint mortgage, they are both jointly and severally liable for the full amount of any mortgage payment. [1] This is the case regardless of which of them is living in the property.

Where only one of the couple owns the property, s/he remains solely responsible for the expenses arising out of ownership, such as repairs and improvements. If there is a mortgage over the home, the sole owner is responsible for payment of the mortgage. The owner and her/his partner will be jointly and severally liable for council tax.

A non-entitled cohabitee with occupancy rights granted by the court can choose to make payments for repairs, improvements and the mortgage. [2] There are circumstances in which making the payments would be in the interests of the cohabitee, for example to secure the home. The lender cannot legally refuse to accept these payments. [3]

If a lender has taken enforcement action on or after 3 December 2001, it may be possible for a cohabitee to apply to the court for the suspension of this action. [4] If action is taken after 30 September 2010 the cohabitee can represent themselves at court and make any other order the court could take into consideration.[5] For more information, please see the section on mortgage arrears and court action.

Regardless of whether there is a sole owner or joint owners, either partner can, if eligible, claim Income Support/income-based Jobseeker's Allowance/income-based Employment and Support Allowance towards the interest on the mortgage loan repayments. [6]

Where the partner who has left the home is claiming benefit for the interest on mortgage payments, benefit can be paid on two homes if:

• s/he is liable to make payments for both dwellings and is unable to occupy the home because of fear of violence and it is considered reasonable that the housing costs should be met on both the former and present home [7]

• the move to the new home is permanent and an overlap of liability for two homes was unavoidable (in that situation payment will be paid for a maximum of four weeks). [8]

For more information, please see the page on help with mortgage interest payment.