Need Advice please

presario16

My husband and I are currently divorcing. If i voluntarily leave the marital home and go into private renting, will i be able to get help with my housing benefit and council tax. I am currently receiving ESA Income related, DLA and CTC. My ex husband will be staying in the marital home with his son as he is under 18.
I cannot stay in the marital home because there is nowhere for me to sleep as its a 2 bed property and my husband wont move out of the bedroom.
I am so confused on this, so any help will be greatly received. Thank you

RAS

Is the son your child as well as your husbands?

TBagpuss

You should be able to claim HB and CT Benefit, but you may find that you are classed as having made yourself voluntarily homeless for the purposes of applying for council housing.

Could your step-son not sleep on a mattress in his Dad's room while you sort things out?
Is the matrimonial home owned or rented? Whose name is the property / tenancy agreement in?

I would strongly recommend that you arrange to see a solicitor (many offer an initial free consultation) to make sure you know where you stand

jackyann

There's a lot of variables on this one, depending on who owns the home / pays the rent / historical position.
If you can, speak to CAB / local legal centre or similar.
If you are feeling bullied, Womens' Aid may advise (but be aware that budgets have been cut!) - they may be able to pint you at a good solicitor.
Also, try speaking to your local housing department - you're not the first in this position; they can tell you where you stand, or point you at the right agency for your area.
Good luck

presario16

The child is my ex husbands from his first marriage. The property was bought in joint names and only until recently my ex had made me removed from the mortgage. My solicitor has since put me back on the deeds of the property

jackyann

In which case you definitely need specialist advice, hope it works ut for you.