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  • FIRST POST
    • TykeExile
    • By TykeExile 2nd Oct 17, 2:35 PM
    • 3Posts
    • 0Thanks
    TykeExile
    Renting Property to Ex Partner & Kids
    • #1
    • 2nd Oct 17, 2:35 PM
    Renting Property to Ex Partner & Kids 2nd Oct 17 at 2:35 PM
    Hi,
    I'm sure this will have been answered elsewhere but I can't seem to find the answer and possibly the rules have changed?

    Myself & partner of 20yrs are moving towards separating and we're trying to gather as much info as possible primarily to protect our 2x 2.5yr old children.

    Our family home & mortgage is in my names, we've never been married just living together as if we were.

    Is it possible for me to move out and rent the home to her so we she can have some continuity and safety for the kids?
    Would she be entitled to housing benefit for this, she's currently a full time mum but is exploring work options as a single parent.

    Many thanks in advance.

    TE
Page 1
    • Housing Benefit Officer
    • By Housing Benefit Officer 2nd Oct 17, 3:06 PM
    • 2,394 Posts
    • 4,258 Thanks
    Housing Benefit Officer
    • #2
    • 2nd Oct 17, 3:06 PM
    • #2
    • 2nd Oct 17, 3:06 PM
    Hi,
    I'm sure this will have been answered elsewhere but I can't seem to find the answer and possibly the rules have changed?

    Myself & partner of 20yrs are moving towards separating and we're trying to gather as much info as possible primarily to protect our 2x 2.5yr old children.

    Our family home & mortgage is in my names, we've never been married just living together as if we were.

    Is it possible for me to move out and rent the home to her so we she can have some continuity and safety for the kids?
    Would she be entitled to housing benefit for this, she's currently a full time mum but is exploring work options as a single parent.

    Many thanks in advance.

    TE
    Originally posted by TykeExile
    No. The legislation specifically prevents this scenario from happening.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

    3.235

    Treat the following claimants as not liable for payments

    ...• those whose liability under the agreement is to
    - a former partner and is in respect of a dwelling which they and their former partner
    occupied, before they ceased to be partners
    Last edited by Housing Benefit Officer; 02-10-2017 at 3:10 PM.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
    • marliepanda
    • By marliepanda 2nd Oct 17, 4:28 PM
    • 4,891 Posts
    • 9,869 Thanks
    marliepanda
    • #3
    • 2nd Oct 17, 4:28 PM
    • #3
    • 2nd Oct 17, 4:28 PM
    Why not in lieu of child maintenance, continue to pay the mortgage or 'some of' the mortgage in order to allow her to stay.

    No you won't get HB. A parent cannot claim HB to pay the father of the children the HB is given to house...
    Survey Earnings 2017 - £163
    • TykeExile
    • By TykeExile 2nd Oct 17, 5:53 PM
    • 3 Posts
    • 0 Thanks
    TykeExile
    • #4
    • 2nd Oct 17, 5:53 PM
    • #4
    • 2nd Oct 17, 5:53 PM
    thanks all.

    not a bad idea marliepanda the mortgage would be slightly more that the CM approx £550/month vs 100/week, so it could. be doable would give the kids continuity. I guess I'd need to clear this with the bank and take advice drawing up a proper contract.

    TE
    • TykeExile
    • By TykeExile 2nd Oct 17, 5:56 PM
    • 3 Posts
    • 0 Thanks
    TykeExile
    • #5
    • 2nd Oct 17, 5:56 PM
    • #5
    • 2nd Oct 17, 5:56 PM
    on second thoughts I suspect though the other half may feel she's missing out on the CM.. depends I guess on how much she values the family home...
    • xylophone
    • By xylophone 2nd Oct 17, 9:17 PM
    • 23,675 Posts
    • 13,799 Thanks
    xylophone
    • #6
    • 2nd Oct 17, 9:17 PM
    • #6
    • 2nd Oct 17, 9:17 PM
    You don't feel that you owe your children a home?
    • SeduLOUs
    • By SeduLOUs 2nd Oct 17, 9:25 PM
    • 2,094 Posts
    • 2,478 Thanks
    SeduLOUs
    • #7
    • 2nd Oct 17, 9:25 PM
    • #7
    • 2nd Oct 17, 9:25 PM
    You don't feel that you owe your children a home?
    Originally posted by xylophone
    As does the mother. Why shouldn't she contribute to the roof over their heads that also happens to be the roof over her own?
    • marliepanda
    • By marliepanda 2nd Oct 17, 9:58 PM
    • 4,891 Posts
    • 9,869 Thanks
    marliepanda
    • #8
    • 2nd Oct 17, 9:58 PM
    • #8
    • 2nd Oct 17, 9:58 PM
    As does the mother. Why shouldn't she contribute to the roof over their heads that also happens to be the roof over her own?
    Originally posted by SeduLOUs
    The mother can, of course.

    What won't happen, is benefits paying for it...
    Survey Earnings 2017 - £163
    • Darksparkle
    • By Darksparkle 3rd Oct 17, 7:04 AM
    • 4,720 Posts
    • 2,986 Thanks
    Darksparkle
    • #9
    • 3rd Oct 17, 7:04 AM
    • #9
    • 3rd Oct 17, 7:04 AM
    Seeing as it’s your home why don’t you live there with the kids and she can live elsewhere?
    • xylophone
    • By xylophone 3rd Oct 17, 11:51 AM
    • 23,675 Posts
    • 13,799 Thanks
    xylophone
    As does the mother. Why shouldn't she contribute to the roof over their heads that also happens to be the roof over her own?
    The poster and mother have been partners for 20 years plus.

    One assumes that until the birth of their twins ( at present well under three years old), she contributed to the household in some shape or form.

    One assumes that the poster and partner planned to have a family and agreed that the partner would not work outside the home at least until the children were school age?

    It is up to the poster to ensure a stable home for his children - if that means supporting the mother up to the time they agreed, then he should stick to the agreement.
    • Diary
    • By Diary 3rd Oct 17, 1:54 PM
    • 573 Posts
    • 751 Thanks
    Diary
    The poster and mother have been partners for 20 years plus.

    One assumes that until the birth of their twins ( at present well under three years old), she contributed to the household in some shape or form.

    One assumes that the poster and partner planned to have a family and agreed that the partner would not work outside the home at least until the children were school age?

    It is up to the poster to ensure a stable home for his children - if that means supporting the mother up to the time they agreed, then he should stick to the agreement.
    Originally posted by xylophone
    Even by this forums standards that's an awful lot of assumptions to make.

    Maybe if he'd wanted to marry his now ex girlfriend of 20 plus years she wouldn't feel the need to split up - the list of suppositions could be endless.
    • Housing Benefit Officer
    • By Housing Benefit Officer 3rd Oct 17, 2:02 PM
    • 2,394 Posts
    • 4,258 Thanks
    Housing Benefit Officer
    Original question has been answered. No the partner can't claim Housing Benefit for residing the former family home.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
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