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

Jowo_2

Shelter or your local council HB office will be able to tell you the position on your eligibility for Local Housing Allowance. The Shelter website has a section on relationship breakdowns. You may find asking the LHA question on the Benefits forum will give you a better response. If there are any domestic abuse issues, contact Womens Aid.

Take advice from a solicitor about your legal rights. Your rights could well be different from what you think you 'deserve'. Why isn't your husband leaving so that you can bring up his children in the family home?

terryw

Duplicate thread

http://forums.moneysavingexpert.com/showthread.html?p=31239963&highlight=#post31239963

anna_horsman

Jowo wrote: »

Shelter or your local council HB office will be able to tell you the position on your eligibility for Local Housing Allowance. The Shelter website has a section on relationship breakdowns. You may find asking the LHA question on the Benefits forum will give you a better response. If there are any domestic abuse issues, contact Womens Aid.

Take advice from a solicitor about your legal rights. Your rights could well be different from what you think you 'deserve'. Why isn't your husband leaving so that you can bring up his children in the family home?

There has certainly been no domestic abuse etc. but thank you for your concern. He really doesnot want me to leave, but I need to for my own reasons. I could not ask him to move out of what I really do consider his property when he has done nothing wrong. It is a decision I have made by choice and really dont want the house. Everyone may think me strage but I cant help my own convictions.

Anna

PasturesNew

Why do women go dragging their kids out of their home ... when it's actually fairer/easier all round if the bloke leaves....

terryw

anna_horsman wrote: »

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.


Anna

Unfortunately, this is just a fact of life with most matrimonial break-ups.. There is the same income coming in but two dwellings to be provided. It usually means hardship for everyone involved.

samroo

Anna. We do not know your reasons, but please think long and hard about whether leaving is the right thing to do. You say your are independent but your query is about housing benefit. This shows you are not independent, but expect the state (people paying their taxes) to support you. Could you not leave the kids at home with their dad?

anna_horsman

PasturesNew wrote: »

Why do women go dragging their kids out of their home ... when it's actually fairer/easier all round if the bloke leaves....

For what it is worth 'the bloke' has offered to leave but I am wise enough to know that if he does all his income will have to go on his new mortgage and leave me in a house I would struggle with the upkeep of, and he would have less money available to provide for our children who lets face it are the only things that matter to the both of us in this situation. Hubby has done NOTHING WRONG but if he moves out all four of suffer in the long run. I believe if I go and everything is amicable then at least my daughters wont suffer

anna_horsman

samroo wrote: »

Anna. We do not know your reasons, but please think long and hard about whether leaving is the right thing to do. You say your are independent but your query is about housing benefit. This shows you are not independent, but expect the state (people paying their taxes) to support you. Could you not leave the kids at home with their dad?

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 impractacle.

samroo

Anna. Again we do not know your reasons for wanting to leave. But why do you expect the state to pay for you to be housed when as you have said you already own half a house.

Jowo_2

Try not to let your guilt interfere with what's best for your kids, nor does the fact that it is your decision to end the relationship mean that you are obligated to give up your rights. You sound like you are thinking things through very deeply and I'm sure you'll come to a sensible decision, good luck.