Getting Married and Keeping a Council House

orpington_shark

My father is 82 years old and has recently started to date (yes I know that's old fashioned) someone who is 52.


I am pleased for my father that he has managed to find another partner is his life, and that he is not lonely. However his vision of the future doesn't make sense to me, and I want to make sure I am correct.


My dad lives in a large 3 bedroom house on his own. As you would imagine at his age he owns it outright and it is worth over half a million. He is also OK financially with over £100k in the bank.


His partner lives in a council house with her 15year old son. She doesn't work and is on benefits.


My dad believes that they can get married, and that his partner can keep her council house and all the housing benefits etc. She would spend half the time living with him, and half living at her own home (which is only about 4 miles away, not the other end of the country).


While I am happy for them to marry, I don't think its right with the chronic housing shortage in this country that she should keep her two bedroom council house and retain her benefits. Surely if they marry, she should lose the right to the council house and move in with my dad? He is in a position to look after her financially as well, so surely all the benefits would stop?


I don't want him going into a marriage thinking one thing, when something else is going to happen and upset his plans.


Any clarification would be appreciated!

Sambella

The gf would be committing fraud as well as standing to inheriting a 500k house should your father pass away before her.

I wouldn't let my father marry someone who wanted to do that kind of thing.

elsien

Sambella wrote: »

I wouldn't let my father marry someone who wanted to do that kind of thing.

And presuming father is of sound mind and understands perfectly well the implications of his choices, how exactly do you think you could stop him?

I don't know about the council house aspect of it, but once married any claim would be assessed as a joint one so I think his assets and finances would be included in assessments of any income related benefits.

cte1111

If they were to marry, then your stepmother would need to let the benefits people know about her change in circumstance. For any means tested benefits, they would be treated as a family, so your father's income and capital would be taken into account. This applies even if he is keeping a separate residence.

Your Dad's partner would be able to keep her council tenancy but would probably no longer receive housing benefit. She would therefore have to pay the rent herself or with your father's financial support. It is also likely that her tax credits will decrease or cease permanently too.

Two people who are married or civil partners will always be classed as a couple for tax credits purposes unless:

(a) they are separated under a court order; or

(b) they are separated in circumstances in which the separation is likely to be permanent.

The HMRC compliance manual states:

From the date on which a couple marry they will be treated as a married couple for tax credit purposes even if they do not begin living in the same household. They might also have been living as an unmarried couple for tax credit purposes prior to this date.

fairy_lights

orpington_shark wrote: »

My father is 82 years old and has recently started to date (yes I know that's old fashioned) someone who is 52.

And he's already planning to marry her?

orpington_shark

thanks for the quick responses already.


Just to clarify - I am not trying to stop him marrying her, and I am financially in a position whereby I don't care about any inheritance. I just want him to understand that morally its wrong to have two homes (one council) and that he would have to support her financially, and not expect the taxpayer to do it when he is in a good position to do so himself.

maman

While I agree with you completely that it seems wrong for her to hang on to a house that another family desperately needs, do you know her reasoning?


Is she perhaps thinking that if the relationship with your father doesn't work out she and her son would be left back at the bottom of the list. Maybe she's hedging her bets? I agree it would be totally wrong (and as others have explained fraudulent) for her to continue claiming benefits but I can see why she might want to hang on to the house at least to start with.


It will be your father's decision but I'd counsel him to enjoy his current relationship and not rush in to marriage just yet.


Someone I know (70+) rushed into marriage when he was widowed despite advice from friends and family to take things slowly. It was a different situation from yours in that they each own a house but 3 years on they live separately meeting up for weekends and holidays. The reason here is that neither can bring themselves to move to the other's town (30 miles apart) as they value the security of the social life and the homes they have each had for many years. I'm using this as an example that just because all seems rosy when you start dating, living together isn't the same and might not work out in the longer term.

Fireflyaway

I agree its morally wrong and if its not going to be her main residence why is she keeping it? There is a huge housing crisis so it not fair at all.
I know you are happy for your dad but this woman is obviously not financially well off and is dating a man who is financially comfortable but old enough to be her dad. Are you sure this is for real ? If this were my dad I would do my up most to ensure his will doesn't include her as sole beneficiary. Tell her its all going to a cats home and see what happens! I'd be more worried about this woman's intentions than her keeping a council house.

Sambella

elsien wrote: »

And presuming father is of sound mind and understands perfectly well the implications of his choices, how exactly do you think you could stop him?

I don't know about the council house aspect of it, but once married any claim would be assessed as a joint one so I think his assets and finances would be included in assessments of any income related benefits.

Perhaps you should re read the thread. The plan is to keep benefits.

They can do all this without getting married and therefore NOT commiting fraud. She can stay over a couple of nights a week and keep her council home plus benefits.

So. No need to get married at all.

elsien

Sambella, the first part of my answer was a response to your comment about not allowing your father to get married in those circumstances, not to the OP. My reply still stands.

onomatopoeia99

Sambella wrote: »

I wouldn't let my father marry someone who wanted to do that kind of thing.

You still haven't answered the question posed of how you would prevent an adult of sound mind from marrying who they please. Nothing to do with fraud, it's simply the question of your ability to interfere with another adult's right to marry. It will need to be a convincing argument to overturn the protection of that right provided by article 12.