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    • terryw
    • By terryw 8th Nov 15, 3:14 AM
    • 3,824 Posts
    • 5,982 Thanks
    terryw
    Have you taken any action against your ex for non-payment of maintenance for the children? If not, advice from a solicitor or CAB would probably be beneficial.
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
    • Caz3121
    • By Caz3121 8th Nov 15, 7:29 AM
    • 10,810 Posts
    • 7,043 Thanks
    Caz3121
    there is a summary here (all councils would be the same)
    http://www.manchester.gov.uk/info/500180/housing_benefit/4246/can_you_get_housing_benefit/2

    You cannot get Housing Benefit if any of the following apply:
    You rent a home from your ex-partner and you both used to live there.
    You are the parent or guardian of your landlord's child.
    • FBaby
    • By FBaby 8th Nov 15, 8:18 AM
    • 15,943 Posts
    • 39,733 Thanks
    FBaby
    thank you. Im so confused, as I was also told by the council that if i give up work then even though the house is his i am able to claim help with the mortgage!! That is just bonkers!! Not something i will entertain as I need my job not just financially but more for my sanity.
    Originally posted by sexyshoes1
    They must have assumed you were on the deeds too to give this answer.
    • pmlindyloo
    • By pmlindyloo 8th Nov 15, 12:35 PM
    • 10,753 Posts
    • 12,633 Thanks
    pmlindyloo
    Information about this depends on whether you are married or not.

    If you are married then you could have home rights which means that you can pay the mortgage if you are living in the house. This would then give you an entitlement to support for mortgage interest if you were on a means tested benefit (JSA/ESA/IS.)

    If you were not married then you have no automatic entitlement to staying in the home but could acquire these through the courts.

    Housing Benefit would not apply as you cannot rent form your ex.

    It is complicated and really you need to get this sorted out, either through mediation leading to a legal agreement or through the courts.

    Start by reading the link here:

    https://www.citizensadvice.org.uk/relationships/relationship-problems/

    and click on which ever your position is.

    As you wish to continue working then SMI is not an option nor is HB.

    You need to work this out with your ex. either by yourselves, through mediation or through the courts.

    Although he is not paying child support it seems he is having difficulty paying the mortgage and maintaining a home himself.

    For example there may be an option for you to work, keep the house and receive child support from him. Much, of course, depends on whether there is equity in the house and how much the mortgage is.

    Go and get some advice from CAB in the first place but you do need to sort this out properly.
    • marliepanda
    • By marliepanda 8th Nov 15, 12:42 PM
    • 4,723 Posts
    • 9,513 Thanks
    marliepanda
    Pmindyloo this was already asked - she was not married to the ex.
    Survey Earnings 2017 - £163
    • hign10pines
    • By hign10pines 9th Nov 15, 9:41 AM
    • 356 Posts
    • 358 Thanks
    hign10pines
    Here's thinking that deary65 is a Nigerian who probably shouldn't be in this country helping others who shouldn't be in this country.
    • sexyshoes1
    • By sexyshoes1 10th Nov 15, 12:01 AM
    • 5 Posts
    • 1 Thanks
    sexyshoes1
    Dear all thank you for your responses. A day at the council and hours on the phone, this is the update. Everything explained council, who firstly insist that yes if i give up work i can get mortgage relief. I took all the correspondence, all in his name re house.
    Secondly from one of the million advice lines have quoted 'housing benefit entitlement-renting from relatives SN/SP/3078 16TH November social policy section saying reg9(1)(b) does not apply as i am not abusing the hb benefit as to rent privately will cost a lot more also the monies are not going to ex but straight to the bank. Also endless reg and guidelines. So I have made a claim for hb submitting all proof. Hes a very sly chap who shows no income, even though he has various business that of coarse are in his familys name. So legally I cant do anything. My interest is to keep our home for the children to which he shows no regard, especially as my 18yr old has mental health issues that recently resulted in her trying to commit suicide. She would not be able to cope with losing her room that is the only place in the world she finds sanctity. Will keep you updated.
    • NYM
    • By NYM 10th Nov 15, 8:47 AM
    • 3,353 Posts
    • 5,869 Thanks
    NYM
    Dear all thank you for your responses. A day at the council and hours on the phone, this is the update. Everything explained council, who firstly insist that yes if i give up work i can get mortgage relief. I took all the correspondence, all in his name re house.
    Secondly from one of the million advice lines have quoted 'housing benefit entitlement-renting from relatives SN/SP/3078 16TH November social policy section saying reg9(1)(b) does not apply as i am not abusing the hb benefit as to rent privately will cost a lot more also the monies are not going to ex but straight to the bank. Also endless reg and guidelines. So I have made a claim for hb submitting all proof. Hes a very sly chap who shows no income, even though he has various business that of coarse are in his familys name. So legally I cant do anything. My interest is to keep our home for the children to which he shows no regard, especially as my 18yr old has mental health issues that recently resulted in her trying to commit suicide. She would not be able to cope with losing her room that is the only place in the world she finds sanctity. Will keep you updated.
    Originally posted by sexyshoes1

    What is your aim ?

    1)You're assuming that your Ex-partners mortgage company would allow him to convert his existing mortgage deal (highly unlikely given that they have attempted repossession) if they did and you forced your Ex into becoming a LL with all the responsibilities that entails, he might then issue you with an eviction notice so you'd have to look for other rental property.
    You'll have achieved nothing.

    2)You're assuming that any HB you may receive will be paid straight to his mortgage company. You cannot choose to do that. He would be your LL and what he does with the rent is between him and his lender.
    You'll have achieved nothing.


    I think you're going to be very disappointed with the result of your application for HB.
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