Is clawback payable in event of relationship breaking up?

[s.bob]

Under the affordable housing scheme is it neccesary to pay the claw back amount under the following circumstance. Relationship breaks down shortly after moving in, one partner agrees to sign over their share of the apartment for no fee whatsoever? In other words, is the clawback payable just to change name on the deeds and mortgage from a couple to one person, even when that one person is continuing to live in the apartment? Has anyone else got experience of this situation and if so how did you fare out in the end?

 

[nuac]

IMHO opinion the claw back does not apply in such a situation - it is not a sale

 

[juke]

First step is speak to local authority.

As per previous posts on affordable housing, a re-mortgage triggers clawback. In a breakup, like here, one person needs to come off the deeds and mortgage, which usually means a re-mortgage or, if lender (here: local authority) agrees, they join in transfer deed.

No working experience of this - but from my reading of the leases (the deed that gives you title to your house/apartment) they must consent to any re-mortgage

Good luck

 

[samhain]

I would say the clawback is payable even if it is not a sale because I had to pay the clawback when I remortgaged even though I argued with everyone I could think of that it was not a sale.