What a mess, help please?

rosiesq

I'll try to keep this short. My husband and I live separate lives. The house, jointly owned, is on the market, but not selling. I live in one end (one room) and he has the rest. He claims benefits jointly for both of us, (we are both disabled). If we divorced, how would this affect the benefit situation? At the moment he is in complete control, and I almost have to beg for money for food etc; I have no access to the benefits as it is paid into his account, which I didn't think they could do, would have thought that it had to be into a joint account. He has told me if I file for divorce he will stop me getting a penny! Any help appreciated, please?!:(

Housing_Benefit_Officer

If you get DLA as an individual you can have the money paid directly into a bank account in your name.

If you divorce you can claim as an individual your former husband then doesn't have any control on what you can claim. You would also be entitled to half the house - although seek proper legal advice before doing a thing.

Do you have a local DIAL you can talk with?

rosiesq

Thank you. What is a dial? If we were divorced, could I claim benefit in my own right even though living in what is technically 'the same house' please?

Murphybear

Yes you can have separate claims if you are divorced and living under the same roof. You will have to go for compliance interviews and be prepared for searching questions. You will have to show you do everything separately such as shopping, washing etc and you must prove you have no financial links such as joint bank accounts. You can still have bills such as council tax in both names.

You may also get a visit to prove you are maintaining 2 households but this is up to the local compliance officers.

Good luck if you decide to go ahead

rosiesq

Thanks ever so much, gives me hope that there is a way forward. Would be quite happy for anyone to check, the situation is pretty obvious.

princessdon

Do friends see you as a couple? Do you do anything as a couple? Eg shop at sane time, cook 1 meal, wash clothes together? Just because people are no longer intimate doesn't mean they are not still living together as husband and wife.

Re your house, you'd be better off selling and renting a smaller place where you are in control, why do you want to live with him? You separated years ago so why live in the same house?

zzzLazyDaisy

OP why are you still living there in that house?

Even if you get a divorce and get some benefits in your own name, the living situation will still be the same and he will still be controlling you.

If you move out into private accommodation, you would be entitled to benefits in your own right, plus LHA (housing benefit). Check your local authority website for LHA for a one bed place, then put your details into

http://www.turn2us.org.uk/benefits_search.aspx

You might be surprised what you are entitled to.

Note: where it is a relationship breakdown and the other partner still lives in the matrimonial home, LHA is payable for first 6 months even if your name is on the deeds. After that, provided the house is actively being marketed, LHA will normally continue to be paid. I remember from your other thread that you have been paying interest only on your house and the mortgage is due to be repaid in only 4 years, so selling the house would be a good move - the mortgage would be gone and you will get your share of any equity.

rosiesq

Hi Princessdon, no, we don't do anything together. The house has been on the market for three years, and unsurprisingly in these economic times, is not selling. I certainly don't WANT to live in the same house, just have no option at the moment. I shop for myself, when I am allowed the money to do so, do my own washing, cook my meals in my room. If you'd read my first question properly, you'd know that the house is on the market, and wouldn't have needed to ask again.

rosiesq

zzzLazyDaisy, same reply, I'm not prepared to lose the little bit that I'm entitled to of my share of the house, not after 35 years! And if I had enough money to pay my own living expenses, he wouldn't be controlling me, I have my own door to my room, which is accessed from outside, which I keep locked, and therefore wouldn't even need to speak to him.

zzzLazyDaisy

rosiesq wrote: »

zzzLazyDaisy, same reply, I'm not prepared to lose the little bit that I'm entitled to of my share of the house, not after 35 years! And if I had enough money to pay my own living expenses, he wouldn't be controlling me, I have my own door to my room, which is accessed from outside, which I keep locked, and therefore wouldn't even need to speak to him.

You wouldn't be losing your share of the house - when the house is sold you will get your share of the equity and this will be dealt with as part of the divorce.

Even with your room accessible from the outside, you still presumably have to share a bathroom / toilet / kitchen.

And if/when you are treated as separate individuals with separate finances, you will certainly have to speak to him, because you will share responsibility for the payments for the mortgage, utility bills, maintenance on the house, insurance etc etc

rosiesq

Thanks, no I have a small shower room, and a camping stove, and a microwave, so not sharing. Happy to talk to him with someone else present, as then he is Mr nice guy, doesn't want others to see him as he is! Thanks again.