Expenses relating to 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, it will be in the names of both owners. This means that both owners are both jointly and severally liable for the full amount of any mortgage payment. 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 mortgage will be in the name of the sole owner. This means that the sole owner alone is liable for payment of the mortgage although any partner who lives in the property or has occupancy rights in respect of it will have had to consent to the mortgage in the first place. [1] The owner and her/his spouse will be jointly and severally liable for council tax.

The non-entitled spouse can choose to make payments for repairs, improvements and the mortgage. There are circumstances in which making the payments would be in the interest of the non-entitled spouse, for example to secure the home. The lender cannot legally refuse to accept these payments. For more information, please see the page on safeguarding occupancy rights.

If a lender has taken enforcement action on or after December 3 2001, it may be possible for the non-entitled spouse to apply to the court for the suspension of this action. [2] For more information, please see the section on mortgage arrears and court action.

Although a sole owner is solely liable for all the expenses arising out of ownership, any debt incurred during the marriage is a matrimonial debt. A matrimonial debt will affect the amount of matrimonial property available for distribution in the event of a divorce.

Regardless of whether there is a sole owner or joint owners, either spouse is entitled, if eligible, to claim Income Support/income-based Job Seeker's Allowance/income-based Employment and Support Allowance towards the interest on the mortgage loan repayments. [3] For more information, please see the section on help with mortgage interest payments.

Where the spouse 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 [4]

• the move to the new home is permanent and an overlap of liability for two homes was unavoidable (in which situation payment will be paid for a maximum of four weeks). [5]

For more information, please see the section on help with mortgage interest payments.