unclear on entitlements

laura1412

Hello, I'm hoping someone might be able to offer some advice.
I've been considering leaving my partner for several months and it's now come to a point where it's inevitibly going to happen in the next fee weeks. We have a child together and own our own house (mortgaged). He works full time, me part time. We are only able to claim child benefit at the minute.
When I leave I will live with parents and continue to contribute half to the mortgage and a loan we have.
I earn approx 11000 a year and childcare is taken from my wages through childcare vouchers.
I've checked entitled to.com and can see what I can claim if I had a rented property and also whilst living with parents, but I'm unsure what affect me partowning the current property would have on my benefits as I presume it will still count as capitol over 6k even though I won't be living there?
Many thanks, Laura

Caz3121

Will the house be placed up for sale? How much equity is there in the property?

laura1412

I'm not sure as he could probably afford to keep it on his own.

I estimate between 30-35k equity.

If we did sell then 10k of that would be used to pay off a loan.

Caz3121

If he is going to keep it, I imagine he will be buying you out but whilst he is in it they will calculate the amount of capital you have tied up in the property and this would reduce or cancel out any means tested benefits such as housing...eg if they assessed that you have £17k in capital in the house then you would not qualify for any housing benefit, if it is calculated as £5k, you would.
If the property is up for sale then the capital can be ignored for 26 weeks

laura1412

Thank you for the response.
I won't receive any housing benefit whilst I temporarily live with parents in any case and I guess when I rent it will depend on what happens with the house.

Are child tax credits and working tax credits not determined by any savings/ capitol you have?

laura1412

With me majority of the time but obviously she would still see him and sleep over once or twice a week

laura1412

I work 25 hours. She gets the 15 hours free and I take 160 out in vouchers which covers the remainder of the time.

Are the child and working tax means tested?

laura1412

I'm just after a bit more advice please.

I'm currently in a situation where I am separated from my partner but were still living in the same house.

He wants to keep the house but is unable to buy me out or take me off the mortgage (he can afford the mortgage and bills on his own but in the eyes of the mortgage company his wages are not enough).

I will be moving out soon and most probably renting. I will not be contributing to the mortgage, but my name will still be on it so will I be able to claim any housing benefit? There will be approx 30k Capitol in the house, but I obviously won't have access to it until he gets the money together to buy me out.
Thanks

Caz3121

If he cannot afford to buy you out or take the mortgage on by himself, is the property going up for sale?
I left my ex and ended up starting court proceedings to sell the property after he stopped paying anything towards to mortgage so I had my own rent to pay (no benefits) and ended up paying the full mortgage too as otherwise my credit rating would have been trashed
You need to decide on the long term plans for the house as, if not up for sale it could hinder you getting any means tested benefits - as my post #4 it will depend on how much they decide your share is worth on whether it reduces any benefits or stops them completely

laura1412

He wants to give it a few months to see if he can afford it on his own, if he can't then it would be sold.

This obviously leaves me in limbo as I am still tied to the house so may/may not be eligible for housing benefit and won't be able to get my own mortgage.

I really don't want to uproot my child until he decides what he wants to do.

I've now received the tax credits forms but can't accurately fill them in as I don't know what my living situation will be.

It's all getting messy now and I feel trapped into staying in the house with him until he makes a decision.

Thank you for your response.

laura1412

Presumably if we're still living in the same house then that would be a joint application, even though we are not together?