Suspended

Luke1983

First of I am writing this post on behalf of someone.

Ok my GF split with her ex last year, she has been living with her children in her and ex house (he had moved out). Roll on this year two months ago she moved out of the house and her ex husband moved back in. (It's a joint mortgage). She has had to claim benefits when moving into her new house. Including income support and housing benefits. Today she received a message of income support telling her to contact them. When connecting them they have informed her that her benefits have been stopped as she has a joint mortgage at her old house that her ex now lives in. They have told her that she has no entitlement and to move back in with her ex. Surely this cannot be right? Can anyone advise?

Alice_Holt

Tell your friend to seek advice from her local advice agency / CAB.

Caz3121

is her ex husband going to buy her out or is the property going to be sold? how much would her share of the equity be?

nuttyprot

Due to the condition of the house, her ex is doing repairs etc before selling it yes. Once sold her cut of the finances are going to her children she says.

calcotti

If they are separated she has the right to claim benefits as a single claimant unless the DWP have reason to think this is a temporary arrangement.

Her share in the former matrimonial home can be ignored as capital for up to 26 weeks (or indefinitely if the partner still living in the home is a single parent but I infer that this is not the case). After this her share can be taken into account as capital and this may prevent her qualifying for means tested benefits.

elsien

nuttyprot wrote: »

Due to the condition of the house, her ex is doing repairs etc before selling it yes. Once sold her cut of the finances are going to her children she says.

Taking at face value, although I'm not sure why...

Not if she's planning on claiming benefits she won't. They would take a very dim view indeed, given that she's already on their radar for claiming income related benefits when she owns half a house. Counted as an asset if she's not living in it.

Many people whose relationships have broken down have to carry on living together until the finances can be properly separated.

calcotti

nuttyprot wrote: »

Due to the condition of the house, her ex is doing repairs etc before selling it yes. Once sold her cut of the finances are going to her children she says.

If she gives the money to her children this will be regarded as deprivation of capital and she will be treated as if she still has it when assessing her entitlement to benefits.

serenity2012

So she has either no income or such a low income she has to claim benefits and yet when the house is sold she is giving the money to her children and not keep it? I find that very hard to believe as will they. It makes no sense at all.

Lioness_Twinkletoes

Luke1983 wrote: »

First of I am writing this post on behalf of someone.

Ok my GF split with her ex last year, she has been living with her children in her and ex house (he had moved out). Roll on this year two months ago she moved out of the house and her ex husband moved back in. (It's a joint mortgage). She has had to claim benefits when moving into her new house. Including income support and housing benefits. Today she received a message of income support telling her to contact them. When connecting them they have informed her that her benefits have been stopped as she has a joint mortgage at her old house that her ex now lives in. They have told her that she has no entitlement and to move back in with her ex. Surely this cannot be right? Can anyone advise?

nuttyprot wrote: »

Due to the condition of the house, her ex is doing repairs etc before selling it yes. Once sold her cut of the finances are going to her children she says.

You're not the OP.

HOWEVER, she can't just give her money to her kids and expect the tax payer to support her. She have to use it to live on - or a buy a new home.

System

i dont know if this will be any help its regarding HB really

ok a few years ago me and dh split,he would not move out,we had children and a joint mortgage so i said i would,phone local LA and they said if i moved out i would NOT be entitled to HB as my mortgaged place made me adaqutley housed

dont know if this is something similar

hope she gets it sorted