Separation - Benefits while having equity in house

DFWJane

My husband and I separated 5 months ago - we are still in the same house as we have failed to reach an agreement re the house.
He is adamant he wants to keep it but can't afford to buy me out. We will have to deal with this further down the line as I am becoming ill with the stress and need to now get out asap.
I may have the opportunity to rent a house as a stop gap. It's me and 2 children (G8, B10).
My equity in the house is approx. 50k.
My question is, CAB seemed to think I may be entitled to benefits for 26 weeks. When I do the calculator and put my equity in, it shows no entitlement.
Anyone know about this?
Many thanks

NeilCr

Which benefits were CAB talking about?

DFWJane

I believe it's universal credit here

TELLIT01

For many benefits, equity in a property you are living in is totally disregarded. Even if you move out any equity can be disregarded for 6 months, more in some instances.

NeilCr

I think (!) what CAB are getting is that the value of a property can be disregarded for the first 26 weeks after you separate/ move from out of the family home.

Did you see CAB face to face? It may well be worth seeing if you can get a full benefits check with them where you can talk it through

ETA

Cross posted with TELLIT01

DFWJane

If this is the case it will save me!
I'm looking at getting out temporarily for my health and sanity.
Being penniless can't be any worse than this!

Ames

I think it can only be disregarded if you can show that the property is up for sale.

I think you should see a solicitor about the finances, regardless of benefits it needs sorting out. Your credit ratings are linked while you have a joint mortgage, and it's not healthy to be tied to someone for an indefinite time when you want to move on.

DFWJane

Well, their dad will have to cough up maintenance then!

NeilCr

Ames wrote: »

I think it can only be disregarded if you can show that the property is up for sale.

I'm not sure that's right - but not certain. There are disregards around the property being for sale but I didn't think they applied straightaway. It's just not going to be feasible to get a property on the market that quickly

It's why I suggested a full benefits check.

Oh for a CPAG Welfare Benefits book at home!

Jackieboy

DFWJane wrote: »

Well, their dad will have to cough up maintenance then!

Presumably he would do that anyway.

Voyager2002

Ames wrote: »

I think it can only be disregarded if you can show that the property is up for sale.

I think you should see a solicitor about the finances, regardless of benefits it needs sorting out. Your credit ratings are linked while you have a joint mortgage, and it's not healthy to be tied to someone for an indefinite time when you want to move on.

It is always a good idea to see a solicitor, although legal aid is not available for most divorce cases. Do be aware that most solicitors are not clued up about benefits issues.

As for the question of equity in the house being disregarded, the basic principle is that the disregard is applied so long as you are doing all in your power to get hold of the equity to enable yourself to live on it.