Housing Benefit Query

Jowo_2

anna_horsman wrote: »

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

If you plan to transfer your share of the property into your ex's sole name, do some research into the 'deprivation of capital' rules. These are rules set up to prevent people from accessing means tested benefits by giving away their savings/assets to qualify for them. Those deemed to have deliberately deprived themselves of capital, then get treated as if they still have the capital, 'notional capital'.

I really don't know this affects your case but do consider the implications and get expert advice, otherwise the risk is that you give away your right to a share of a property only to then be refused benefits.

paddy's_mum

Do you think that perhaps you need to be looking at a whole lot more than just what you would like to happen, and that alerting you to your own (apparent) short-sightedness might actually comprise "sensible advice"?

Did you notice that word 'naive' that I used in my earlier reply to you? Have you given any thought at all to what I might have meant by that word, and whether it applied to you in the current circumstances?

Do you have any idea at all of how fraught with difficulties your chosen route is likely to be?

Because of your emotionally low state, are you unable to see that you are perhaps moving into a minefield?

Do you think that taking your young children into a local authority homeless hostel, perhaps for many months, could be putting them into actual danger?

Perhaps you also failed to notice that I recommended that you seek legal advice to prevent you running blindly into a worse situation than your present unhappy one.

I'd also suggest that if you think my comments, spoken with a scepticism born of experience, is a "verbal tirade" then you are in line for some very hard, painful and distressing lessons once the benefits people have you in their sights!

However much you may view it as his house, in law (as well as in practical terms) it is not - any more than because you gave birth to them, they are solely your children. The sooner you start looking at and accepting the facts, not what you hope the situation to be, the better for all of you, I suspect.

If the house were sold, would there be enough (or nearly enough) money for each of you to buy a small place of your own and thus make it possible for everyone to gain and nobody to completely lose?

hippy-chicy

You have been given some good advice already, but i would reiterate that you need to seek expert advise if you intend to vacate the property.

It Is correct that the property can be disregarded for 26 weeks from the date of estrangement - this is a strict 26 week disregard and there is no extension to this. Fluffymovie has already stated what will happen once this disregard has expired with reagrd to your share being taken into account, and as this is over 16k you will not qualify for HB/CTB or IS i should point out here (sorry if you are working i wasn't sure)

If the property was up for sale it would be subject to a further 26 week disregard and this can be extended subject to you showing that reasonable steps are being taken to dispose of the property at the end of the disregard period e.g price reductions etc.

Jowo has also made a very important point here, if you sign over the house with no financial settlement or even a below market settlement you could be seen as depriving yourself of the capital asset to obtain benefits and be treated as having your share of the property even though you do not physically have the money. This is known as notional capital.

I would urge you to seek expert advice in your case from either the CAB or your LA before you make any decisions.

miss_spooky

paddy's_mum wrote: »

Do you think that perhaps you need to be looking at a whole lot more than just what you would like to happen, and that alerting you to your own (apparent) short-sightedness might actually comprise "sensible advice"?

Did you notice that word 'naive' that I used in my earlier reply to you? Have you given any thought at all to what I might have meant by that word, and whether it applied to you in the current circumstances?

Do you have any idea at all of how fraught with difficulties your chosen route is likely to be?

Because of your emotionally low state, are you unable to see that you are perhaps moving into a minefield?

Do you think that taking your young children into a local authority homeless hostel, perhaps for many months, could be putting them into actual danger?

Perhaps you also failed to notice that I recommended that you seek legal advice to prevent you running blindly into a worse situation than your present unhappy one.

I'd also suggest that if you think my comments, spoken with a scepticism born of experience, is a "verbal tirade" then you are in line for some very hard, painful and distressing lessons once the benefits people have you in their sights!

However much you may view it as his house, in law (as well as in practical terms) it is not - any more than because you gave birth to them, they are solely your children. The sooner you start looking at and accepting the facts, not what you hope the situation to be, the better for all of you, I suspect.

If the house were sold, would there be enough (or nearly enough) money for each of you to buy a small place of your own and thus make it possible for everyone to gain and nobody to completely lose?

I was just having a read with interest and your comment about hostels struck me as naive? Have you ever lived in a hostel with young children?

I have and for 10 months. Mine were 3 yrs old & 7 mths old when we moved in. We had one room with shared batheroom & toilet. It was a family unit with 24 other rooms, though there was the occasional bloke in there for a short while. Yes it was a bl**dy nightmare all in one room, which included a small kitchen area, hardly enough room to move, the only furniture we could get in was our bed, single bed & travel cot, that was put up on single bed when not in use, and a wardrobe. Simple living at it's worst... But it's survivable - you have to...

I do not see what dangers there could have been that would be any different to living anywhere else? Unless you are put into a half way house for persons released from prison with no fixed abode...

Oneday_2

I was in the exact situation as you, left my marital home in aug 09 with 2 small children. I was awarded hb for 26wks and recently had to do a renewal. I had to hand in mortgage statement, value of the house and fill out a detailed form including who lives in the property who pays for it etc. If the house would get sold now I would only get about 5k out of it as the mortgage is quite high and house prices down so I guess that factored in it. Best thing for you is to go down the housing office and let them advice you. I private rent and leaving my controlling and abusive husband was the best thing I've ever done even if it meant upheaving the children.Can't comment on IS as i work p/t.

suelees1

As it's in joint names you do legally have a share in the property. Even if it wasn't jointly owned the DWP and LA would rightly assume you have contributed to it whether it be financially or otherwise and so are entitled to a share. You'd need to seek legal advice about this.

The capital tied up in it would be disregarded completely in some circumstances. If that's not the case then as others have said it is disregared for 26 weeks or longer if it's reasonable to do so. For example it can be ignored indefinitely as long as you can prove you're taking reasonable steps to realise your financial interest in it.

I'd certainly seek advice from a lawyer who deals with family matters well as seeking advice about yor entitlement to benefits when you do separate.

Good luck

bestpud

How can you be too independent to take what is rightfully yours from your marriage, but not too independent to then rely on housing benefits?

Seems to me you both realise you can claim benefits as you would have the children, whereas he would need to fully fund a new home for himself.

In short, you both want it all ways!

Pupster

There are some very rude and insensitive people on here

terryw

Pupster wrote: »

There are some very rude and insensitive people on here

Yep, got to agree with you on that. But to whom are you referring?

In another post you referred to a specific entity as being ( and I quote) :
."you miserable money grabbing lot!!:mad:"

So perhaps you will kindly let us know to whom you refer on this thread. Thanks.