Mortgage Interest Supplement MIS & separated & issue

I am separated from my husband last number of months and I am in the family home.

I was asking the local CWO about mortgage int supplement MIS, but she indicated that we'd have to have reached a legal agreement in order for that to be processed, or that maybe a letter from my solicitor indicating where we are at would do.

We haven't gone down the legal separation route as yet as focussing on sorting out some immediate access issues.

Does anyone else have experience of this, having to wait in order to apply for MIS?

Any idea what they are looking for? I can supply bank details, mortgage details etc and indicate how much my husband has agreed to pay towards upkeep of his children, but it sounds like they need something from courts or solicitor regarding ownership of house.

I'm assuming the mortgage is still in joint names at this time? The CWO cannot determine your eligibility for MIS, since your husband still has a responsibility towards repayment of the mortgage while his name is on it. If the house is still in joint names, he may also have an interest in a share of the property.

The CWO will require evidence that the mortgage and the property have been (or are in the process of being) transferred to your name as part of a separation agreement. At that stage, your entitlement to MIS can be assessed.

Hi gipimann, correct, it's in joint names. I don't know if the mortgage and property will get transferred into my name or not, as we haven't gotten to that point as yet, but one option that was mentioned was me living in the house until the youngest child is an adult, so I think house would remain in both names, but what you outline above is more likely scenario. Do you know if a letter from solicitor would do for the moment, just to say that husband is paying a certain amount per week and that I am covering mortgage out of income and savings? Can MIS just be claimed for one year or can a person claim for it again if still meet criteria?

Generally there is no time restriction on entitlement to MIS, once you continue to meet the qualifying criteria. Claims are reviewed each year (sometimes more often - depends on the circumstances) to confirm continued eligibility.

There may be situations when MIS is granted for a limited period (e.g. 12 months). If a customer does not meet all of the qualifying criteria (especially the one regarding "reasonable interest"), MIS may be granted to allow the customer time to renegotiate or make other arrangements regarding the mortgage. If this applies to you, you should be advised at the start of the claim that it will only be paid for a specific duration.

If the CWO has requested a solicitor's letter, that may be sufficient to process the claim and decide eligibility until a more long-term decision has been reached between yourself and your husband.

Thanks so much for the input on this, trying to get stuff sorted out and will ring solicitor this week to see if he can provide some type of a letter (not sure if he can if stuff hasn't been agreed yet) and take it from there.