Can my ex claim Housing benefit on the property I own?

impossible_one

Hi hope you can help.

I own a property with my husband, who I am now separated from. The house is in my name, not his, although in reality we own it 50/50 as he always paid his share of the mortgage. I am working full time and he is unemployed. I have moved out and now renting a private property although still paying the mortgage on the property I own that he lives in [it's a very amicable split!].

He is claiming JSA etc and I want to know whether he can claim housing benefit , with me as the landlord or whether because we are still technically married they will just tell us to sell up, which I don't want to do.

Any advice would be greatly appreciated as I'm fast running out of cash paying on two properties.

*please refrain from replying with messages such as 'why don't you just get him to leave'.... he is still my best friend, without a job and down on his luck, the last thing i'm going to do is throw him out on the street.

Thanks so much!

sunnyone

impossible_one wrote: »

Hi hope you can help.

I own a property with my husband, who I am now separated from. The house is in my name, not his, although in reality we own it 50/50 as he always paid his share of the mortgage. I am working full time and he is unemployed. I have moved out and now renting a private property although still paying the mortgage on the property I own that he lives in [it's a very amicable split!].

He is claiming JSA etc and I want to know whether he can claim housing benefit , with me as the landlord or whether because we are still technically married they will just tell us to sell up, which I don't want to do.

Any advice would be greatly appreciated as I'm fast running out of cash paying on two properties.

*please refrain from replying with messages such as 'why don't you just get him to leave'.... he is still my best friend, without a job and down on his luck, the last thing i'm going to do is throw him out on the street.

Thanks so much!

No, thankfully you cant get HB for a house you used to live in.

impossible_one

sunnyone wrote: »

No, thankfully you cant get HB for a house you used to live in.

Thanks, Short and to the point!

AnxiousMum

But he's still a 50/50 owner of the house right? They certainly don't pay LHA for a home you are an owner of!

karenx

There is a question on the application form which asks if you used to own the house. And also they will need his last adress's to check on him so theres no way around it.
Why cant you move into the house that your paying for and he can rent and get help with it that way

Oldernotwiser

It's daft for you to be paying the mortgage for a property you no longer live in and rent for where you do now when you could live in your own property and he could rent his own place and claim LHA/HB/CTB for it!

Your attitude may be well meant but it makes life very difficult for him.

impossible_one

AnxiousMum wrote: »

But he's still a 50/50 owner of the house right? They certainly don't pay LHA for a home you are an owner of!

In theory as he contributed to the mortgage, but his name is not on the deeds.

impossible_one

Oldernotwiser wrote: »

It's daft for you to be paying the mortgage for a property you no longer live in and rent for where you do now when you could live in your own property and he could rent his own place and claim LHA/HB/CTB for it!

Your attitude may be well meant but it makes life very difficult for him.

Believe me, i know it sounds daft, but he's had a tough couple of years. This is has been our family home for the last 12 years, where he lives with our daughter, a move for him would really set him back. Just want to provide him and our daughter with some stability, but it's killing me financially. It may well be the only option if he can't get a job soon!

Thanks for all your responses, it was just an option to explore and I got my answer - cheers!

HappyMJ

impossible_one wrote: »

In theory as he contributed to the mortgage, but his name is not on the deeds.

In theory yes. So it does make it possible to claim but as you haven't been charging him rent in the past then it makes it look like a contrived tenancy. It you had always been charging him rent and when you moved out had set up a assured shorthold tenancy with him as tenant and collected rent payments while he was working then it might look more credible but you were asking for half the mortgage payments which means he has some equity in this property so HB won't pay. The house will be considered the former joint home.

He won't be homeless if you did decide to sell. He will have a good chance of securing housing with the equity he has accrued in the house he can then pay 6 months rent upfront plus a deposit then claim housing benefit to get it back.

Dave101t

..he is still my best friend, without a job and down on his luck, the last thing i'm going to do is throw him out on the street.---im interested in the story here, you married him, promised to love him forever, as man and wife, yet do this! it doesnt make sense! if nothing else surely this time counts as 'for poorer'?

HappyMJ

Dave101t wrote: »

..he is still my best friend, without a job and down on his luck, the last thing i'm going to do is throw him out on the street.---im interested in the story here, you married him, promised to love him forever, as man and wife, yet do this! it doesnt make sense! if nothing else surely this time counts as 'for poorer'?

Yet do what...She said "the last thing i'm going to do is throw him out on the street." That sounds like "for poorer" to me. There is only so long you can pay for two properties before it becomes impossible. The OP is looking for options.