Bit of advice with benefits (splitting from partner)

Foxxhound

Hi everyone, hope you're all well, and hopefully someone can help.

My partner and I are splitting (or have split as of Aug 4th). It's a shame, 4 years and we have a child of 2 together. But it is what it is, and we are trying to be as civil as possible.

Now, the way we have verbally agreed for things to work is that she paid the rent and I then had responsibility of all the bills; you name it, council tax, electricity, sky tv, bt internet, water, tv license. I even was the major contributor in the likes of shopping for groceries etc. Overall, it works fair and it is straightforward.

Now my concern, if things were to go sour later down the line - is that most of these bills are solely in my name, even the electric bill I'm sure is just set out as me... Whereas I am a joint tenant, liable too for half the rent. My major issue is - could I be sued or chased for the rent AS WELL as having to pay off the bills? Even though a verbal agreement was met? Should I get a recording of her agreeing this is the arrangement or a separation agreement written? Again, I doubt these situations would occur, but I don't want to be hit with a court date and have to be liable for half the rent from x date because she decided to get funny with me.

Second thing, we still live under the same house (joint tenancy still)... Can I claim for benefits to help me a bit? I see I can get Working and Child Tax Credits, but do I claim as a single parent regardless of her being under the same roof? I know for sure we won't be getting back together and it almost feels like I'm just a tenant now, whom shares the same child... If that makes sense. I just want to get on my feet and do the best by my son. Also, does she have any extended rights over me? Can she evict me at any point? I mean, I am still on the tenancy but again the whole rent issue bothers me... Maybe we should just split everything 50/50 and then I have a leg to stand on should an issue arise?

Your advice is most welcome. Any other concerns you could highlight for me or further help I can get would be appreciated. Thank you for your support.

Dan.

TELLIT01

There are a number of issues to address here. Still living at the same address doesn't prevent you claiming, but you will need to prove that you are effectively living separate lives. As you seem to be paying everything apart from the rent that might be an issue, although each case is treated on it's own merits. It's more likely to be difficult for your ex to claim because you are contributing so much to the household expenses.
As for the rent, if your ex defaults on payment you are potentially liable for ALL the rent because joint tenants have joint liability, not half liability each.
Are you the main carer for the children? If not I'm not sure that you can claim CTC for them, but somebody with more knowledge on that area will be able to confirm the situation.

pmlindyloo

What kind of tenancy agreement do you have? Fixed term until when? Periodic tenancy?

Darksparkle

As said, living under the same roof doesn't prevent you from claiming as a single person however it will potentially raise questions.

Tax credits can only really deal with what a relationship looks like on paper. They won't ask about where you sleep etc. So the circumstances you have described don't necessarily show a separation.

Why do you need to continue to live together?

Who will be the main carer? Will the other parent be paying maintenance?

Smodlet

Whilst I appreciate we live in a different age now, as a rule verbal agreements are not worth the paper they are printed on. What does Judge R1nder get M1chelle to do when there is a written contract? Jazz hands!

If it comes down to a contested custody battle, you know the woman usually wins, right? If she wants you out, I would imagine a judgement to get you out would be more likely than the reverse.

Foxxhound

Thanks everyone. I appreciate your time and responses.

Telli - I think we have agreed to share the time with him. I seem to have him in the evenings and her in the daytime.

Pmlindy - its actually on a rolling monthly contract.

Darksparkle - I see thanks. I got a reponse from email saying I appear to be claiming already and to ring up the help office so perhaps I had them once upon a time (not that I remember!). It might be easier explaining the situation over the phone. As said above its pretty much a 50/50 atm but I will be the one paying for the nursery at £80.00 a week (another bill lol).

I need to stay until I can afford a deposit and move out. I have a few debts to pay off too which she understands and is giving me time. 4 years together does give some leeway thankfully!

Yeah I thought that. Jazz hands indeed! Hope things can stay civil until I leave then... These credits may not sound like much but to me it will get me out twice as fast and give me my life back... I hope I can claim.

Thanks for your help. I will keep you all informed with how it goes tomorrow if interested.

Darksparkle

So when you move out? Where will the child live with you or mum?

TELLIT01

Foxxhound wrote: »

Thanks everyone. I appreciate your time and responses.

Telli - I think we have agreed to share the time with him. I seem to have him in the evenings and her in the daytime.

Somebody might correct me, but I've never come across a claim, with separated partners, where it was accepted that care responsibility for children was 50/50. One parent is always assumed to have the greater proportion of care and therefore the entitlement to childcare related benefits.

Foxxhound

Ah I see. In that case I think its likely that the mum will have him stay with her after I move out. I will have him as much as I can. Though currently I pay and look after him just as much if not more while we are under the same roof. is he still considered a dependant in my claim?

Thanks

Darksparkle

Foxxhound wrote: »

Ah I see. In that case I think its likely that the mum will have him stay with her after I move out. I will have him as much as I can. Though currently I pay and look after him just as much if not more while we are under the same roof. is he still considered a dependant in my claim?

Thanks

Only one parent can claim tax credits for a child. It is usually the main carer, the parent the child normally lives with.

So if it's likely when you move out that child stays with mum then it would be for mum to claim.

However if you dispute this and you both try to claim then TC would ultimately make the decision.

pmlindyloo

As already said there are several issues here.

As you have a periodic tenancy and are joint tenants then one of you can end the tenancy by giving the correct notice. But this means that the tenancy ends for both of you. When the tenancy ends then there is no liability for rent. Of course this must all be done correctly.

So the first thing to do is discuss who is going to live where. If your partner wants to continue living in the home then you need to speak to the landlord and see if he/she will agree to this happening. The landlord may be happy to create a new tenancy with your partner's name only on it.

Whilst it is possible to get tax credits as a single person living together it will certainly be open to an investigation. Since you are sharing finances then it will be difficult and may hold up the awards.

You may be able to claim benefits as a single person and your partner the same. You can separately put your details into the benefit calculator on https://www.turn2us.org.uk for a rough idea of what you both may be eligible for.

Your partner's claim for tax credits may include child care costs so you will need to know how much money you will both have when you go your separate ways.

Once you know how much your income is and what you need to pay then you will have a better idea of how to manage child support. (for a rough idea of what you would be expected to pay you can try a child maintenance calculator.)

Although I can understand that you need to save for a deposit and pay of your debts there is much more to this then just staying in the current accommodation to achieve this.

You may be better off borrowing the deposit from family /friends and getting help for your debts and making a clean break for everyone's sake.