Housing Benefit Query

anna_horsman

Can someone on here please help me as I do not know what to do.

I need to leave my marital and take my two small children with me. The marital home is in mine and my husbands names, though I have never contributed to either the deposit or the motgage payment as my husband was more than capable of paying that himself. Most of the capital in the house was paid for from inheritances from when his mother and then father passed away.

For this reason I have always considered the house to be 'his' even though technically on paper it is both of ours. We only had it in both names to make things easier if he passed away. I consider myself to be relatively indepentant and therefore do not want to get '!!!!!y' and claim equity in the house that I have not put in. I would never want him to sell the house as he needs somewhere to live and has worked had for what he has.

Please forgive the ramblings of a woman!! My main question is will I get penalised by the Housing Benefit (and council tax benefit) people because I am named on the mortgage and deeds of the previous family home. They say if you have property worth more than £16000 then you do not qualify, however the capital is not accessible as such without forcing the sale of the house which I feel I couldnot do.

My husband is more than willing to provide support for our children. However if I force a sale, he would then be forced to find another property, pay god knows what in charges/taxes etc and have his own increased mortgage payments such that the support for the children may have to suffer.

Sorry for rabbitin on but any help would be greatly appreciated

Anna

karenx

Im sure as you are named on it you do technically own it so therefor might not get any housing benefit.

Vader123

anna_horsman wrote: »

We only had it in both names to make things easier if he passed away.

Hang on you can't have it both ways.

If he passed away you would want to say "Hey, I own half the house, it passes to me".

But now its about benefits, "Hey, I don't really own half a house, its just on paper".

Of course you own the house with him and it will taken into account. Even if you sign your name off, you will be treated as you still have it.

Given there are children involved is it not easier and better for the family fo you to stay in the house and he move out?

Vader

daimonde

if you are leaving the property due to a marital breakdown and the property is still going to be occupied by him, then the property/capital can be disregarded for HB/CTB purposes.

ive never come across a claim like this though & it seems a little technical, i think you have to be deemed as divorced or estranged - ie not just on a break or having some probs kinda situation - but also there doesnt have to be anything acrimonious.

things would change again if the property was sold.


would a pointer to the actual regulations help ? its not an easy read !

hope this helps, feel free to pm me if you want any pointers.


Dave.

fluffymovie

This is a difficult situation but as you are named on the deeds of the property, it is considered partly yours in law.

It would make more sense for your husband to move out and leave you and his children with a roof over your head that is safe and secure. As he will likely pay you maintenance, it could be written that he continues to pay the mortgage until your children turn 18 and then it should be sold?

It is possible to disregard the value of a property for 26 weeks following the breakdown of a relationship so this wouldn't prevent you claiming HB.

If you do move out and get this 26 week disregard, after that period, the HB office would need a valuation of the property and would allow 10% for selling costs. They would then deduct the mortgage or other secured loans on the property and apportion the remainder as notional capital which might mean that you find yourself in rented accomodation that you cannot pay for after 6 months.

karenx

Is the 26 week rule not just for if the property is for sale? But the situation is the husband is still wanting the house and living in it, and as she is named on the house why should it be disregarded?

daimonde

the property doesnt have to be up for sale no...


The capital assets listed below are disregarded for 26 weeks or, if it is reasonable in the particular circumstances of the case, for a longer period decided by the LA;

v) a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregarded period begins on the date of leaving the home. A disregard under this provision can only be applied for 26 weeks unless the home is occupied by a former partner who is a lone parent when the disregard applies for so long as the home is so occupied

paddy's_mum

If he "has done nothing wrong", why don't you leave the children with him, and yourself leave "his" house and pursue your own "independent" life? Problem solved, no?

On the other hand, you could take legal advice and use it to help you see that your naivety is cutting your own throat as well as potentially those of the small children you plan to disrupt and deprive for what appears from your explanation as no sound reason.

I will gladly apologise if I've got it wrong but there is a strong whiff of something staggeringly stupid about the situation as you describe it.

anna_horsman

paddy's_mum wrote: »

If he "has done nothing wrong", why don't you leave the children with him, and yourself leave "his" house and pursue your own "independent" life? Problem solved, no?

On the other hand, you could take legal advice and use it to help you see that your naivety is cutting your own throat as well as potentially those of the small children you plan to disrupt and deprive for what appears from your explanation as no sound reason.

I will gladly apologise if I've got it wrong but there is a strong whiff of something staggeringly stupid about the situation as you describe it.

Yes my husband would love to keep the kids more than anything in the world but he works 12 hour shifts days then nights etc. so it is unfortunately too impracticle.

And thankyou for the insult, I come here on an immotional low and looking for sensible advice, not a verbal tirade from someone who obviously doesnot understand the situation.

Thanks again x

louiseg0151

Surely if you are leaving your husband, you would want to sign the house over to him? Ok, this might cost money for legal expenses but I would never want to be part owner of a house with an 'ex'.

anna_horsman

louiseg0151 wrote: »

Surely if you are leaving your husband, you would want to sign the house over to him? Ok, this might cost money for legal expenses but I would never want to be part owner of a house with an 'ex'.

This has already been discussed between us, just need to look into how to go about it!!