housing benefit and capital disregards

benjieandgoldie_2

Sorry for the long post before I begin. I am 58 years of age, my ex husband is 59. We seperated 6 months ago. My ex is in receipt of incapacity benefit, reduced slightly because of an ill health pension, and industrial injuries for life after an accident at work. We jointly own the house my ex is still living in. I applied for council accomodation and now live in an over 50s flat. My ex refuses to sell the house on the grounds that he is not well enough and that he would have to rent privately, also that he would not be near my youngest daughter who does a lot for him, regards looking after the house for him. The house is worth £90k so my share would be £45k. I am finding it difficult to pay £103.96 per week rent and £72 council tax, after bills I am left with about £30 per week. Is there any way that I can claim housing benefit? the lady in the council office says not because of my share of the house. Any advice would be helpfull,

Thanks

McKneff

Is the house mortgage free,

If so, shouldnt your OH now be paying you some rent for living in what is half your home.

bobajob_1966

As you could realise your share of the asset (albeit potentially through legal channels), it is counted as capital and hence takes you over the relevant capital levels.

Oldernotwiser

If the house is jointly owned you can force him to sell or to buy you out.

benjieandgoldie_2

The house is mortgage free. He tells me that he has been told by a welfare rights advisor that he does not have to sell the house, because he is in receipt of incapacity benefit and nearly 60 anyway????????

bobajob_1966

benjieandgoldie wrote: »

The house is mortgage free. He tells me that he has been told by a welfare rights advisor that he does not have to sell the house, because he is in receipt of incapacity benefit and nearly 60 anyway????????

He can tell you anything he wants, surely you're not going to rely on his word? Speak to a solicitor to ascertain your rights.

Oldernotwiser

Agree with the above.

The question of house ownership has nothing to do with benefits and welfare rights.

(Anyway, you're nearer to pension age than he is.)

skintandscared_2

benjieandgoldie wrote: »

The house is mortgage free. He tells me that he has been told by a welfare rights advisor that he does not have to sell the house, because he is in receipt of incapacity benefit and nearly 60 anyway????????

Rubbish. If the house is jointly owned you can sell. If he doesn't want to sell he should look into some form of equity release scheme and give you half the value. Or pay your rent while he has a little think about it. You are entitled to half the value of the house!

bobajob_1966

skintandscared wrote: »

Rubbish. If the house is jointly owned you can sell. If he doesn't want to sell he should look into some form of equity release scheme and give you half the value. Or pay your rent while he has a little think about it. You are entitled to half the value of the house!

An equity release scheme in itself would not be suitable, as the OP would still own half the property. The husband may be able to get a mortgage to buy the OP out, but he would need to take advice as to which lenders would accept his income.

PasturesNew

Charge him rent on your half of the house.

skintandscared_2

bobajob_1966 wrote: »

An equity release scheme in itself would not be suitable, as the OP would still own half the property. The husband may be able to get a mortgage to buy the OP out, but he would need to take advice as to which lenders would accept his income.

I was thinking of those companies who buy half the property (the OP's half) but let the remaining person live there until they sell/die and then take their share, leaving what is left with the OP's ex hubby as his "estate". Or are those sorts of schemes really bad news? No experience, just a thought.