Separation and Benefits

seven-day-weekend

mazza111 wrote: »

I'd still say if he's willing to remove his name from the tenancy then she should do so.

I don't know whether he is willing. I agree that would be the easiest thing to deal with.

mazza111

The thing is with social housing is though, he may still be entitled to live there as it's a joint tenancy This happened with me years ago, joint tenancy with me and my x, back in those days they didn't recognise mental abuse as abuse, so it ended up, I had to leave my home because he wouldn't, even though it would have meant me being stuck in an abusive relationship. All worked out in the end though, but still a bit pants that me and my kids had to end up homeless and he sat in a 3 bedroom house So if he will, I'd say get that bit done as soon as you can. I think things may have changed a bit over the years, but don't know how much.

PippaGirl_2

The court process to evict an abusive partner to allow spouse and children back home is fairly quick now. Several people were going through that process when I lived in a refuge and they all were granted the house through the courts, some were tenants some were on the mortgage. You do have to move out while the court process happens though.

sleepless_saver

seven-day-weekend wrote: »

If he is not to pay any household bills, then who does? She has been told she is not entitled to any Benefits while they are still married. Therefore she has no income.

Edited to add: They may have just told her she is not entitled to Pension Credit. She could claim Jobseekers' Allowance, as mentioned above, if they have separated. Have I understood that correctly?)

Whoever told her she could get no benefits because she is still married is wrong. They have separated. She can claim benefits (JSA, HB and CTB), but not pension credit as she is too young.

Other things to think about: if she has any joint accounts with him, now would be a good time to sort that out. And she should change her will.

She might want to have a look at http://www.wikivorce.com/divorce/ and Adviceguide.

seven-day-weekend

sleepless_saver wrote: »

Whoever told her she could get no benefits because she is still married is wrong. They have separated. She can claim benefits (JSA, HB and CTB), but not pension credit as she is too young.

Other things to think about: if she has any joint accounts with him, now would be a good time to sort that out. And she should change her will.

She might want to have a look at http://www.wikivorce.com/divorce/ and Adviceguide.

Thanks, very helpful. They have no joint accounts. Apparently up until recently she didn't have an account at all (just him) but she has opened one recently with Barclays.

mazza111

Thanks pippagirl. I thought it was easier, is it the same for mental abuse though where there's no proof of it? I was told by the council at the time, no physical abuse so we can't put him out. The only way around it is for you to leave the house or him to. He was going no where, so it was left to me.

So I could be being overcautious here 7dw

seven-day-weekend

I haven't mentioned abuse.

Errata

PippaGirl wrote: »

Yes, JSA if well enough to work or ESA if not. However if they are going to divorce she should see a solicitor and she can apply for interrim maintenance from her xh which she is likely to get tbh. That can be done fairly quickly but she can apply for JSA meanwhile.

Why would a court order him to maintain her when she's perfectly capable of earning her own living and maintaining herself. ?

PippaGirl_2

Errata wrote: »

Why would a court order him to maintain her when she's perfectly capable of earning her own living and maintaining herself. ?

Because courts look at previous history, if she historically has not worked and is close to retirement the court would see that she would need supporting financially. They would not leave one party well off and the other surviving on benefits usually they would not see that as fair. Otherwise people would be staying in abusive or unhappy marriages and one party could walk off with everything. She has supported his working life by caring for family and home throughout a long marriage so would be awarded 50% of his pensions to equalise them in all likelihood plus financial support plus share of capital or property.



Mazza, yes it is the same for psychological/emotional abuse, thankfully under the law they are seen as just as severe. Broken bones and bruises heal far easier than emotional scars and PTSD

Errata

She has supported his working life by caring for family and home throughout a long marriage so would be awarded 50% of his pensions to equalise them in all likelihood plus financial support plus share of capital or property.

Where is it stated the marriage was a long one and she cared for family and home? That aside, you're getting confused with what a court might order on divorce and what it might order on separation.