Renting property to husband when separated?

soupdragon10

My husband and I are in the process of separating, and he needs somewhere to live. I am in the process of buying a flat, and he hopes to move in there.

My question is, as he is on limited income (disability benefits) can he claim housing benefit as I will own the property?

He has never worked and is not in a position to do so, and I cannot afford to run two households, and quite frankly in the short term don't see why I should. Obviously if we subsequently divorce there will have to be a financial settlement, but in the meantime this seems to be the simplest solution.

The money is a bequest to me to use for my retirement (I have 18 months to go), whereas my husband has nearly 20 years before he is due to retire.

specialboy

Why can't he stay in the family home?

soupdragon10

Because the situation is such that we need to separate and cannot continue living in the same house.

Toomuchdebt

So why can't he find his own place to live? (Not being sarcastic or anything, it's a genuine question).I can't see a situation like this ending well.

stevemLS

I don't understand why you would be buying a flat for him to live in?

helping_hand2014

is this in connection with your previous thread where you stated you was looking to buy a buy to let property?

hhhm i can see why this might ring alarm bells when it comes to claiming housing benefit they might see it as you have bought the flat with the sole intention for him to move in and claim housing benefit to cover the cost of the mortgage. this is something they usually frown upon

as he should be able to rent from somewhere else council, housing association, private landlord that's not his ex wife

im sure housingbenefitofficer will pop in the thread and explain in more detail

Housing_Benefit_Officer

You can rent a property to your husband.

But we are prevented by law from paying Housing Benefit where the landlord is the wife of the claimant - separated or not.

3.235 onwards...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

stevemLS

I think we should collective thank HBO for his/her (I prefer to think of him as autoroative him) as being definitive advice on issue

Housing_Benefit_Officer

I am assuming at some stage you will be divorcing your husband.

Rather than planning to buy a buy-to-let property perhaps your time would be better spent with a solicitor figuring our how your assets and capital will be split in the event of divorcing.

You could end up buying another property only for that to be handed to your ex-husband as part of the divorce settlement.

benniebert

Housing_Benefit_Officer wrote: »

You can rent a property to your husband.

But we are prevented by law from paying Housing Benefit where the landlord is the wife of the claimant - separated or not.

3.235 onwards...

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236950/hbgm-a3-liability-to-make-payments.pdf

Is that right? To which subsection of 3.235 would the LA be relying on?


I see it that the flat would be covered, but not the husband's previous property ie the family home. Neither the wife nor the husband had lived in the flat.

benniebert

Housing_Benefit_Officer wrote: »

I am assuming at some stage you will be divorcing your husband.

Rather than planning to buy a buy-to-let property perhaps your time would be better spent with a solicitor figuring our how your assets and capital will be split in the event of divorcing.

You could end up buying another property only for that to be handed to your ex-husband as part of the divorce settlement.

Which in my opinion should be the case. If a wife who has been divorced from her husband and is still able to revisit the financial settlement that occurred when the divorce happened 30 years ago, then any and all assets (including the wife's inheritance that is being used to buy the flat) should be on the table for division.