Selling/buying on Income Support

apb1957

I am receiving income support and housing benefit for my mortgage.

I am seperated and my husband wants me to sell the family home so that he can have his share.

There is a 2nd mortgage on the property which my husband pays, though constantly ttreatens not to.

I want to know:
1. can I sell this house, give my husband his money (so I can be free) and yet buy another house.

2. I am unable to get a full time job as I have a son for whom I am a carer. I also have 3 other school age children

If I am unable to re-purchase, persumably I have to go into rented accommodation and would lose income support if the procedes from the house excede £16,000

please Help, this is like a mine field...but one worth crossing to be able to get on with my life with my kids, free of harrasment.

tek-monkey

I didn't think you could purchase a new place, as income support can't be used as your income? I may be wrong, but was sure that benefits can't be used to buy a house.

I also, possibly incorrectly, thought you could not be forced to sell until the children are of an age to leave home? I am presuming the children are his? Are you divorced yet?

apb1957

Yes, the children are his and I am not divorced cos he will not give me a divoce. The man is a nut and wants to control my life.

I just want to be free of him, so he can no longer hold me to ransome with the 2nd mortgage which is not covered by benefits.

So do I sell and am then homeless and have to rent and wait til the procedes of the sale run out?...this would be really unsettling for my son who is autistic.

tek-monkey

Go to the citizens advice bureau ASAP, ask them for help. I don't see how he can refuse you a divorce, and as the house seems to be his hold over you a divorce would legally stop him being able to force you to sell. I'm no lawyer, but I am sure what he is trying is wrong. I hope someone else more knowledgable in these matters comes along soon, but please seek legal help. You wont have to pay, most solicitors offer an advice service anyway but I'd say CAB is the first port of call.

Good luck.

poppysarah

You can get a divorce. It will just take 5 years. Although irreconcilable differences should entitled you to a divorce anyway. (One party wanting a divorce and the other doesn't, sounds like a breakdown of the marriage to me)
If you're on benefits you can get this started with legal assistance too.
I think you should seek legal advice as he has an obligation to agree a financial settlement as part of the divorce.
You need things done fairly for all of you, but especially the children.

Take legal advice now.

If you plan on buying a house within 6 months I think the money is disregarded but in your case you are not planning to, so they might well be counted.

However, take legal advice now.

apb1957

ok thanks, the plan would be to buy a house right away. i.e sell this, give him his money and find a new home

poppysarah

But could you get a mortgage?

apb1957

that is the million dollar question?? Just wondering if anyone else has ever been in my position and what they did.

Bufger

apb1957 wrote: »

that is the million dollar question?? Just wondering if anyone else has ever been in my position and what they did.

A mortgage is based on income. Support isnt counted as an income.

In short no you wouldnt be likely to get a mortgage.

clutton_2

if you sell the house and you end up with more than £16k you will not be entitled to benefits - those are the rules - and benefit officers carefully investigate claims after separations/divorces in case people try to hide their assets.

you will have to go into rented.

SingleSue

apb1957 wrote: »

Yes, the children are his and I am not divorced cos he will not give me a divoce. The man is a nut and wants to control my life.

I just want to be free of him, so he can no longer hold me to ransome with the 2nd mortgage which is not covered by benefits.

So do I sell and am then homeless and have to rent and wait til the procedes of the sale run out?...this would be really unsettling for my son who is autistic.

Although it would be unsettling for your son, they do eventually get used to the change....it does take longer than for a child without autism but they get there eventually albeit with numourous temper tantrums, sleepless nights and general other oddities that makes up their characters.

Planning the change with your son can help to prepare him and make it not so scary for him although this will not stop the stresses he will have, they may just diminish them a little.

As for your husband, I agree with the others, get some decent advice from CAB (our one can do referrals for a free 30 minute session with a solicitor) and get things set in writing.

As for personal experience, mine was slightly different as we were already in rented accomodation but we had a healthy amount of savings which had to go under a certain level before support could be given.

Edit - Thought it best to add that I am a parent of two autistic children, so I do understand how even the slightest thing can be unsettling to an autistic child.