claiming benefits marriage break up

Jane-boots

My marriage has broken down , husband is throwing me out of our home .He says i have to go because i won't be able to pay the mortgage and he can.
I am jobless and have anxiety ,we have 2 children together [12 and 16] .We can not sell the house for 4 years as it was bought last year from the housing association [can't sell for 5 years from date of purchase].
I don't know how i am going to find some where to live ,he says the kids can stay .
I have never claimed benefits as i have always worked until 3 years ago .
Will i be able to claim any benefits if i leave[ just until i get myself sorted] ?

welshmoneylover

Jane-boots wrote: »

My marriage has broken down , husband is throwing me out of our home .He says i have to go because i won't be able to pay the mortgage and he can.
I am jobless and have anxiety ,we have 2 children together [12 and 16] .We can not sell the house for 4 years as it was bought last year from the housing association [can't sell for 5 years from date of purchase].
I don't know how i am going to find some where to live ,he says the kids can stay .
I have never claimed benefits as i have always worked until 3 years ago .
Will i be able to claim any benefits if i leave[ just until i get myself sorted] ?

Under no circumstances do you leave the marital home.

zzzLazyDaisy

You are a joint owner. That means you have equal rights to remain in the house regardless of whether or not you contribute to the mortgage. He also cannot separate you from your children.

If you remained in the house with your children, and he moved out, you would get HB for the rented part of the house. You would sign on for JSA, as your children are over 5yrs, and you would get tax credits etc . Plus CSA from your OH, which is not taken into account for means tested benefits purposes. You would also get assistance with mortgage interest on your share of the joint mortgage, though I am not sure when that kicks in, but in the meantime it is possible that the lender would let you have a payment holiday or go interest only.

Put the figures into http://www.turn2us.org.uk/benefits_search.aspx to see what comes up.

If you really can't bear to remain in the house, do not leave your children behind. You can claim LHA (housing benefit for private tenancies) check your LA website for the amounts in your area, and put that into the turn2us checker as the figure for your rent.

Also go and see a divorce lawyer for a free half hour of advice, and have a look around wikivorce for information and answers to your questions.

If you feel you are being bullied or threatened, contact women's aid, as they will be able to point you in the direction of advice and assistance.

Good luck

Dx

Jane-boots

Thanks for the advice .I had no idea i would be able to claim all these benefits .I checked the entitled to website it didnt mention mortgage interest .
If i did move out with children would i definately be able to claim housing benefit ? (Even though i on mortgage and deeds) ?

sulkisu

What do the children want to do? I know that posters have said do not leave them behind, but at 12 and 16 the starting point should be determining who they want to live with. It might actually be better for them to remain in the family home with their father, less upheaval etc. I am not saying that it would be, but in the interests of balancing the thread. If they want to live with their dad, that will clearly affect the benefits that you would be able to claim - no CTC or CB for example.

Do you have savings? Is this a shared ownership property?

zzzLazyDaisy

Jane-boots wrote: »

If i did move out with children would i definately be able to claim housing benefit ? (Even though i on mortgage and deeds) ?

You should check this with your local authority (or hopefully one of the Housing Benefit posters will be along soon) but my understanding is that in the event of a relationship breakdown you are entitled to claim LHA if the other spouse is still living in the former matrimonial home for the first 6 months. Normally, as I understand it, to continue claiming LHA the house must then be actively being marketed - but I don't know what happens if you are not allowed to sell (do you really mean you are forbidden to sell, or that if you do sell you will have to repay a discount?). Also, as you bought the house last year, there may be no/little equity in the house and it might be in yours and your OH's interests for him to buy you out and/or have your name removed from the deeds and the mortgage (you'd need to take advice on this).

midnight_express

Do not leave the house and do not leave the kids. Home owners do not get HB and without the kids you will be living on £71 a week JSA.

xylophone

You must see a solicitor.

FBaby

midnight_express wrote: »

Do not leave the house and do not leave the kids. Home owners do not get HB and without the kids you will be living on £71 a week JSA.

I believe home owner can receive HB is certain circumstances which would include the ones OP is under. As for not leaving the kids because they are a ticket for benefits, I find that quite choking advice, one that somehow I have never read provider to a father. Where the kids should go is where they want to go and what is best for them.

paddedjohn

midnight_express wrote: »

Do not leave the house and do not leave the kids. Home owners do not get HB and without the kids you will be living on £71 a week JSA.

This sounds like you are telling her to keep the kids as they are a passport to benefits. Just because she is the mother does not mean that the kids will be better off with her, they may prefer the father.

Jane-boots

Can't see how he can keep the children as he works shifts (12 hr day and night) 12 year old wants to be with me ,16 year old is at college and out all the time .Husband has a bit of a drink problem