Housing Benefit If You Part Own Former Matrimonial Home

mim1

My brother and his partner seperated last year. They had a property together which they lived in, it was on a joint mortgage. His partner wanted him to leave the home which eventually he did and she has carried on living there. My brother is unable to work and is on incapacity benefit - this is his only source of income. He moved into private rented accomodation and claimed for housing benefit. He has only been awarded housing benefit for a few months as they have stated he has "capital value" in the former home. His rent is £400 per month and his benefit is about £380. The former home has a large outstanding mortage on it, and even though he would get a small amount of money should the house be sold it does not solve the immediate problem that he cannot pay his rent and also manage to live, pay bills, council tax etc. He tried claiming income support but was refused as they stated he already receives over what the government decide he needs to live on each week. It all seems very unfair, and we are getting no help from anywhere. We have been to the CAB but they were not very sure about what we should do. He is now about to be evicted because he is in arrears with the rent and cannot make ends meet. Please can someone assist as I am worried sick. He is so upset about the whole situation he is now on tablets for depression and I am v worried indeed, any help appreciated.....

Caz3121

Is the plan to sell the property or can his partner buy him out.
If it is up for sale I believe that they will disregard the equity for 6 months.
It is in his interest to sort things out as if partner doesn't pay mortgage they could chase him too.
If partner cannot afford to buy him out then selling may be the only option.

mim1

tHE plan is to sell the property eventually but it is not up for sale at the moment. i have done a few sums and i think once the mortage is paid off etc he would be left with about £15,000 or possibly less the house pirces being what they are at the moment...