Entitled to housing benefit??

carpool72

Hi,

So, I'm separated from my husband and we jointly own a house which neither of us really wants to sell, partly emotional and partly financial. Personally, I'm on a low income and unlikely to get a mortgage and my equity (47k) isn't enough to buy a house.

He has the kids 3 nights a week and I have them for 4. If he lives in the family home am I entitled to housing benefit?

Trying to figure out what my options are.
Thanks!

nannytone_2

as you have equity in the house, you have no choice but to sell it.
Once it is on the market you should be able to get housing benefit until the house sells.
You would then be expecyed to use the equity to pay your rent if you are not in a position to use it to buy another property

Caz3121

Is your husband able to extend the mortgage to buy you out?
Then the house would still be there for the children and you would have the equity to be able to help pay your rent

portly1

carpool72 wrote: »

Hi,

So, I'm separated from my husband and we jointly own a house which neither of us really wants to sell, partly emotional and partly financial. Personally, I'm on a low income and unlikely to get a mortgage and my equity (47k) isn't enough to buy a house.

He has the kids 3 nights a week and I have them for 4. If he lives in the family home am I entitled to housing benefit?

Trying to figure out what my options are.
Thanks!

Personally I would have stayed put in the family home with the children and let the ex rent elsewhere.

Depending on your income, and the ages of the children you would have been protected from not being able to pay the mortgage if you were on low income or unemployed.

As it is now, your ex holds all of the cards. Yes the house has to be sold if you are claiming means tested benefits. You have put yourself in a position of eventually losing all but £6000 of the equity in having to pay the rent out of it.

BigAunty

I disagree that your ex holds necessarily holds all the cards. Your options include getting legal advice on whether or not you might be able to get an occupation order to remain in the marital home until the youngest child turns 18. See the Shelter website (relationship breakdown section) for pointers on your potential rights and his potential obligations and links on obtaining legal advice.

You will need to check if the following DWP information is still current as the link I used to visit now says its archived.

Property you own but do not occupy [HB Sch 6, HB(SPC) Sch 6; CTB Sch 5, CTB(SPC) Sch 4]

The value of this property is counted as capital but you may be able to get HB/CTB even if the value of the property means that your savings are more than £16,000. This is because the value of the property may be ignored when your savings are worked out, in certain circumstances.
If the property is occupied by an elderly or disabled relative as their home, its value is not taken into account for as long as it is so occupied.
If you have recently acquired the property and you intend to occupy it as your home, its value may not be counted for 26 weeks, or for a longer period if reasonable, from the date you acquired it.
If you are trying to sell the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if you are finding it difficult to sell the property.
If you are carrying out essential repairs or alterations so that you can live in the property, its value may not be counted for a period of 26 weeks from the date you first arranged for repairs to be carried out. It may not be counted for longer than this if you are finding it difficult to finish the work.
If you are taking legal action so that you can live in the property, its value may not be counted for the first 26 weeks after you start doing this. It may not be counted for longer than this if legal action is continuing and you cannot live in the property.
If you have left the property after the breakdown of a relationship, and it is occupied by your former partner, its value may not be counted for the first 26 weeks after you left. If the property is occupied by your former partner and they are a lone parent, the property will not be counted for as long as it continues to be so occupied.

Caz3121

from an earlier post he had moved out and was renting somewhere else, has he moved back?
https://forums.moneysavingexpert.com/discussion/4599639

carpool72

Hiya,

No, he's currently renting elsewhere and I'm in the house - this has been the case since he moved out earlier this year. However, it's a lot of house and garden to look after, and I've been feeling for several weeks now that I don't want to be here. On the other hand, my children do and so does my ex. His contract is up so he is free to move.

So emotionally, I'd feel better if I could move out and move on. However, practically speaking I need to figure out what my best option is and get on with it!

Thanks x

Caz3121

Is your ex in a position to buy you out?

Housing_Benefit_Officer

If you leave the property and it is occupied by your former partner, if the ownership isn't in dispute and it is not for sale then the capital value will be taken into account after 26 weeks.

carpool72

Thank you. If he could buy me out then I would have £45k or so sitting in the bank - not enough to buy anywhere without a mortgage. Because I'm on a low income I wouldn't be able to borrow enough so that's not a good option just now. Ah well, looks like I need to suck it up and get on with improving my income.