Renting property to husband when separated?

nannytone_2

not at all.
once you decide if the split is permanent, he can claim benefit as a single person, including housing benefit to help with rent.
but probably not for a property you buy for him to ;live in.

GirlFromMars_2

Until you divorce, there is still a financial settlement to come, and your Husband may well be entitled to some of the marital assets.

If you rent a house to him before that financial settlement he is renting an asset of his marriage and paying assets into the marriage. Housing Benefit will not give money to him, that he may end up getting back when you finally get a financial settlement.

You have a few options:
He could rent from somewhere else.
He could live in one of the marital assets rent free until the financial settlement.
You could get a divorce and financial settlement and assuming the local authority don't believe it's a contrived tenancy he may well get Local Housing Allowance to rent from you.

You are married, a judge may well decide some of the assets of the marriage are his after you divorce.

tomtontom

soupdragon10 wrote: »

So basically, although we will be living apart, and he is an independent person in his own right I am expected to support him?

Plus he has already said he wants no part of our current home (which I owned before we were married). We have gone down this route because he doesn't feel safe renting from someone he doesn't know, even with a tenancy agreement, as they would be able to go in and do periodic checks etc. (something he simply couldn't cope with). Without understanding his mental health problems you would not be able to picture the scene that would be enacted.

Your husband may change his mind once he has sought legal advice. On the information given he may well be entitled to such an amount that he will not be entitled to any means tested benefits.

benniebert

Whatever will happen or may happen if there is a divorce has nothing to do with the OP's question.
Housing Benefit has put forward the LA's rules & regulations. Going through each one of them, I cannot see why the wife with her own money cannot buy a flat and give her husband a commercial tenancy agreement for it. The husband currently lives with the wife in a house that she bought outright before they got together. He has no right to any of her assets (that is for a divorce court to sort out).
I honestly can't see anything wrong in that arrangement despite what Housing Benefit has said. I did ask Housing Benefit to state which particular section of 3.235 the council would use to refuse a claim for Housing Benefit made by the husband for this new flat. No reply as yet.

benniebert

tomtontom wrote: »

Your husband may change his mind once he has sought legal advice. On the information given he may well be entitled to such an amount that he will not be entitled to any means tested benefits.

Which makes it very important that they don't divorce for both parties benefit. At the moment all of the assets are in the name of the wife - it was her money which was used to purchase them. He doesn't own a thing. As the wife is not intending to make a means tested benefit claim there is no problem. The husband is making one so the longer there isn't a financial settlement, then he can be treated as penniless! The husband's entitlement, whatever it is, is nicely tucked away out of reach for benefit purposes.

benniebert

FBaby wrote: »

You would hope so!

Seems OP is suddenly struggling with the concept of 'what's yours is mine and what's mine is yours' as a result of marriage!

Sorry but what on earth has that got to do with the OP's question? Why do YOU hope not? Your definition of what constitutes a marriage does not have to be what others believe in. I don't think that the OP wants to hear what your personal opinion is - maybe a sensible answer to the original question, but not an opinion on how they live their lives.

lighting_up_the_chalice

soupdragon10 wrote: »

So basically, although we will be living apart, and he is an independent person in his own right I am expected to support him?

Plus he has already said he wants no part of our current home (which I owned before we were married). We have gone down this route because he doesn't feel safe renting from someone he doesn't know, even with a tenancy agreement, as they would be able to go in and do periodic checks etc. (something he simply couldn't cope with). Without understanding his mental health problems you would not be able to picture the scene that would be enacted.

From what you say above, and with the level of concern you are showing, I don't see a problem. Buy the flat and rent it him. If his HB claim is allowed, all is well and good. If not, you retain an asset and provide a safe environment for your estranged husband, for whom you care so deeply.

Mojisola

benniebert wrote: »

The husband is making one so the longer there isn't a financial settlement, then he can be treated as penniless!

That's not how the means tested benefit system works.

They are married so everything that the couple have is counted. They are not two unconnected individuals.

NYM

I'm curious... i wonder what some of the responses might have been if the person losing their home was the wife ?

Marisco

NYM wrote: »

I'm curious... i wonder what some of the responses might have been if the person losing their home was the wife ?

It would probably be along the lines of "go for everything you're entitled to, which could be 50% of all assets" It's always double standards depending on who's asking! It's the same on the marriage board as well!