New to claiming,marriage split

Wham0712

Me and my husband are splitting up. We currently live in the same property (mortgaged) but I need to move. I work 15 hours a week but my salary will be really pushed to rent somewhere. I'm trying to see what universal credit I can get but can't make sense of it and no one to speak to!!

My questions are:

I'll still be named on the mortgage as hubby can't afford to buy me out and I don't want him to sell yet as we have two kids. Will this affectbyhe claim? There'll be some equity in the house but I can't access it if that makes sense?

I know you can't have over 16000 in savings. I have premium bonds in my name that have just over that but some is my husband's money that I need to transfer back, is there a back time limit to the savings if that makes sense?

Really struggling with all this

pmlindyloo

Are the children moving with you or staying with your husband?

Why do you have to move out? Could you stay with the children?

Wham0712

We will share the kids equally, they're 6 and 3. I'm moving out because he won't!

pmlindyloo

You are probably going to need some legal advice.

I suggest you make an appointment with CAB and see if they can give you some advice and perhaps refer you to a local solicitor for a free short interview or refer you for some family mediation (much cheaper than a solicitor).

Your problems are complex and I will try and explain them to you.

First of all if you own the house in joint names or tenants in common then you have the right to remain in the house.

Under Universal Credit (which you would have to claim) the capital limit is £16000. Because the premium bonds are in your name you cannot transfer any of these to you husband without probably falling foul of the rules of deprivation of capital. That is why it is important that you work out all the financial settlements as regards your separating. It is possible that UC would allow you some time to do this but you would need to prove that you have begun the proceedings for this.

Ditto with the arrangements for the children. Someone has to have primary custody to be able to claim for them as regards making any claim for means tested benefits.

It is going to be complicated if you move out so you really need to get some advice before you do so (I am presuming there is no domestic abuse involved?)

So please get in touch with CAB.

Alice_Holt

As pmlindyloo says it is very important for you to get advice on your housing rights:
http://england.shelter.org.uk/__data/assets/pdf_file/0020/23393/ShelterGuide_RelationshipBreakdown.pdf

https://england.shelter.org.uk/legal/relationship_breakdown

https://www.citizensadvice.org.uk/family/ending-a-relationship/if-you-were-living-together/what-happens-to-your-home-when-you-separate/

pmlindyloo

Alice, you may want to delete your first link - Shelter guide - as it contains out of date information - dated 2013.

Louise25

Hi me and my partner received uc joint claim with 3 children be works. We split few weeks back I took him off claim we are trying to get back on track could I just add him back onto claim?

calcotti

Louise25 wrote: »

Hi me and my partner received uc joint claim with 3 children be works. We split few weeks back I took him off claim we are trying to get back on track could I just add him back onto claim?

Please start your own thread. It's very confusing dealing with different people in the same thread.