Can I rent my house to my wife?

malkyh

shop-to-drop wrote: »

Is there no possibility of a reconciliation? It sounds like that would be the perfect solution. Have you be through marriage counselling?

Right now, and I won't go into detail not from my side. I would love so much to rewind the clock a bit and fix the faults that brought us to this but a lot has been done and said that I don't think could be forgotten.

shop-to-drop

malkyh wrote: »

Right now, and I won't go into detail not from my side. I would love so much to rewind the clock a bit and fix the faults that brought us to this but a lot has been done and said that I don't think could be forgotten.

But it sounds like it would be worth at least trying.

malkyh

shop-to-drop wrote: »

But it sounds like it would be worth at least trying.

The trying part has been done. This is the second stage.

zzzLazyDaisy

malkyh wrote: »

Eldest is 7, youngest is 3

Okay, I think you are probably on the wrong forum. I suggest that you head over to the benefits forum, where you will get focussed information and advice about the financial implications for you both if you do separate, and the benefits that may be available to your wife, as the parent with care (PWC) of two young children.

The following is a brief outline of the issues you may need to explore, but I am neither a benefits expert nor a divorce lawyer, so these are just intended as pointers:

1 as a PWC of a child under 5 your wife would be entitled to income support.

2 income support is paid in addition to the child maintenance that you would pay her. With two children that would be 20% of your income - see CSA website for details

3 if she is in private rented accommodation she would also receive full LHA (ie HB in the private sector). Note this does NOT mean that her full rent would be paid as there are upper limits on the amount of rent payable and also the number of bedrooms allowed. See the LHA section of your local authority website for details.

4 in some circumstances the PWC can get help with the mortgage to enable her to stay in the house, but I have no idea whether that applies where the house is held in the sole name of the husband (the good people on the benefits board will know the answer to that, I am sure).

5 If it seems that the separation is likely to be permanent, both you and your wife should seek independent legal advice sooner rather than later as there will be other issues to consider, but you should be aware that where the parents are married, it matters not one jot whose name the assets are in. All assets, including the house, are considered to be joint matrimonial assets, and that will be the starting point when looking at distribution of the matrimonial assets.

xylophone

I would love so much to rewind the clock a bit and fix the faults that brought us to this but a lot has been done and said that I don't think could be forgotten.

You have tried Relate? Your children are so young and it is clear that you both want the best for them.

It also seems clear that there is a lot of good will here but of course nobody can know the facts of your situation.

I will say though that I knew a family where the husband walked out on his wife leaving her with a child barely two years old and a new baby - you can imagine the hurt and bitterness and what was said by family and friends.

Nevertheless he did come back and they did make a go of it - sadly the wife died in a flu epidemic a few years back when the children were in their early teens.

All that said, if it is all over, then as the poster above says there is a lot to think about and you may both need legal advice.

Another point to consider, is there a pension to share?