Help with domestic abuse

mummytofour

Lots to think about thank you all much appreciated.
I could not have anybody move in here as much as a nice idea, the kids would never cope. Xx

jacques_chirac

Could you not ask your dad to help you out financially, assuming he is not already paying you rent?

I don't believe anyone has called you a liar, but rather pointed out that you do have a fortunate financial position without resorting to more benefits.

BigAunty

mummytofour wrote: »

And as I have said before as far I understand I do not have any rights to it as it is my dads home. According to him he has the property to live in upon his death it passes to me and he will then pass his half also to me.

It's not clear from your statement whether or not you are a joint-owner with your father of the property that he lives in. If you are, this could significantly impact some of your options, such as getting HB at a rental property.

If you have a half share in another property as well as the one that you owner-occupy, this can be problematic from a means testing perspective. I appreciate it's his home but if you are on the Deeds and there is capital in it (i.e. equity), this could be included in benefit calculations even if you do not receive no rental income from it.

In the moves to the Universal Credit system when tax credits are scrapped, owners of multiple properties with low incomes will find that they may not receive the equivalent sum that they did with UC as they enjoyed under CTC or WTCs. This is because UC takes into account capital in the same way that Income Support and HB does now whereas tax credits focussed just on income.

Also, unless you have drawn up some legally binding document with your dad around occupancy, as a joint owner you do have the right to access the property whenever you like, in the same way your ex does with the marital home if you are a joint owner with your father.

Marisco

Where does the op mention owning another house???? I've reread the op and can't see anything about that!

BigAunty

Marisco wrote: »

Where does the op mention owning another house???? I've reread the op and can't see anything about that!

One poster has mentioned that she is an owner of a second property, other than the marital home, (so I assume they have knowledge of the OPs past posts where perhaps this has been previously discussed, a big assumption I know, happy to be corrected).

Then the OP posted that her father 'has the property to live in. upon his death it passes to me and he will then pass his half also to me'. I interpreted this as meaning that possibly she is a half owner now and will get the remaining ownership as an inheritance. It is the 'also' bit that hints at existing part ownership but could just be poorly written and giving the wrong impression.

System

Previous posts by OP state that she inherited half the house on the death of her mother. Father owns the other half

Mojisola

BigAunty wrote: »

Then the OP posted that her father 'has the property to live in. upon his death it passes to me and he will then pass his half also to me'. I interpreted this as meaning that possibly she is a half owner now and will get the remaining ownership as an inheritance. It is the 'also' bit that hints at existing part ownership but could just be poorly written and giving the wrong impression.

The usual arrangement in a will when half the house is passed to children is for that half to stay in trust until the second parent dies. The surviving parent usually has the right to use the whole house - it would be unusual for the surviving spouse to have to pay rent on the part he/she doesn't own.

As I understand it, this kind of ownership is usually disregarded when it comes to claiming benefits because the "owner" of part of the house cannot make any use of the capital tied up in the house.

BigAunty

Mojisola wrote: »

The usual arrangement in a will when half the house is passed to children is for that half to stay in trust until the second parent dies. The surviving parent usually has the right to use the whole house - it would be unusual for the surviving spouse to have to pay rent on the part he/she doesn't own.

As I understand it, this kind of ownership is usually disregarded when it comes to claiming benefits because the "owner" of part of the house cannot make any use of the capital tied up in the house.

Thanks for the info on this as I don't understand the Trust process. There seems to be plenty of historic posts by people on this forum experiencing issues with their benefit claims due to part-inheriting family properties so I assume that they didn't have trusts arranged.

Mojisola

BigAunty wrote: »

Thanks for the info on this as I don't understand the Trust process. There seems to be plenty of historic posts by people on this forum experiencing issues with their benefit claims due to part-inheriting family properties so I assume that they didn't have trusts arranged.

Where, say, three siblings inherit a house, that would be counted as having capital.

Where a resident parent (or any other part-owner) is given the right to stay in the house and have use of the whole house until their death, the beneficiary doesn't really get their inheritance until after the second death or the house is sold.

BigAunty

Mojisola wrote: »

Where, say, three siblings inherit a house, that would be counted as having capital.

Where a resident parent (or any other part-owner) is given the right to stay in the house and have use of the whole house until their death, the beneficiary doesn't really get their inheritance until after the second death or the house is sold.

Is this definately an acceptable/legitimate way to protect impact on means tested benefits and isn't classed as deprivation of capital?

As stated before, I'm ignorant in the areas of Trusts. I'm aware that those receiving compensation awards for injuries are able to arrange trusts quite legitimately, for example.