On benefits, matrimonial home sold - help

Terrano

My husband of 17 years recently left me, i am now on income support, and child tax credits, i have one child at 18 in college - who receives pip. I am also a carer for my elderly mother and work one day a week.
When the sale of our matrimonial home is complete we will be given temporary housing by local authority.
My question is this, i should receive about 45,000 from sale, can i earmark this money to pay for a flat for me and daughter or will i be expected to live from this money. Could i maybe have the proceeds paid into my daughters name and then purchase a flat? Or will we lose child tax credits and income support if she has this money?

I know this is jumbled, as is my head with it all.

Thanks to anyone with advice for me.

TBagpuss

It depends how quickly you will be able to move. I think that the DWP will disregard money for up to 6 months if it is for the purpose of rehousing and provided that you do in fact rehouse. That period can be extended (for instance if you were in the process of buying and the purchase took longer than expected.

I think if you transfer it to your daughter it will be treated as deliberate dissipation of assets and you will be assessed as though you still had it.

You mention you care for your mum - does she own a house? Could you buy into her property if you can't buy outright? (assuming she would be interested in realising some of her capital)

If not, look into the possibility of shared ownership properties.

How far along the sale process are you with your home? Have you looked into the possibuility of remaining there in the short term?

Does your husband work?

If you are on benefits then unless your husband is in the same position it may be that a 50/50 split is not appropriate . have you talked to a solicitor?

Terrano

Hi, Thanks for you reply.
My husband works but has left the home, the house exchange happens on 1st july, we can stay here until either the local authority or cps find us temp accommodation, husband was arrested for a crime of a sexual nature against my daughter. (his step daughter)

I think my mum wouldn't really understand any of this and i have siblings who would no doubt object, she only has one bedroom so i think that isn't an option. Also she may become caught up in the selling her home for a care home place soon.

Why would i not be due 50/50 share? Also i am seeing solicitor on Wednesday, been trying to work things out amicably but has fallen through.

Thanks

Savvy_Sue

Terrano wrote: »

Why would i not be due 50/50 share? Also i am seeing solicitor on Wednesday, been trying to work things out amicably but has fallen through.

I think the point is that you might be entitled to more than half of the matrimonial assets if your DH has a better earning capacity, but it's complicated if you haven't put as much into the house as he has. But that's why you need to consult a solicitor.

cabbage

When you have 28 days or less to vacate the property the local authority will have a duty to house you under homelessness legislation.

any proceeds from a relationship breakdown can be ignored for 28 weeks for benefit purposes and sometimes longer in certain circumstances. It's not worth putting the money in your daughter's account as it might be classed as deprivation of capital.

If after the 28 weeks you still have £45k then you will live off your savings until they reach £16k at which point you can reclaim Income Support and other means tested benefits providing you are still are a carer and your daughter continues to receive PIP.