HELP WITH EX WIFE AND HOUSING INFORMATION PLEASE

KKILP

I stay in UK and my ex wife (not yet divorced but seperated for over 13 years), stays in Northern Ireland.  The home I stay in is was our matrimonial home,however she had an affair around 13 years ago and the relationship broke down, she moved to Ireland to start afresh with our then 11yr old daughter 9 years ago, she claims Housing Benefit as she has no income apart from a Critical Care sum she receives from a former employer (she took a stroke around 14 years ago). She was getting PIP but didnt fill out form correctly so no longer receives it.  However, she has called me to advise that the Housing Benefit has been stopped as she has been overpaid and on investigating her they have realised she has a house to sell.  Our house was up for sale but we came to an agreement that as my daughter came back to the UK on a regular basis for holidays and weekends that the house wouldnt get sold until she was at an age and earning money she could purchase her own property, as it is my daughter has moved back to UK to study at University on a nursing degree therefore stays with me.  She still has three years to go to finish the degree.  The HB people supposedly advised that she would need to let them see when the house was taken off the market and why it was taken off, and they want to push for it to get sold so they can claim back any money she has been paid as she will be entitled to half the house, she hasnt paid a penny to the mortgage since she left in 2011.  I have been paying all the bills myself as I stay here so I wouldnt have expected her to pay anything, I just want to find out if this is correct can they a:  insist the house gets sold because she is on HB, b:  would they ask her for any proof of the house being taken off the market and why.  She also thinks she is entitled to half the house if it does get sold?

Looking for some urgent assistance in this matter.

sammyjammy

Are you joint tenants?  They can't insist it is sold but they can deny her housing benefit on the basis of owning half of the house and seek to recover the current overpayment.

KKILP

Hi she is NI and lives alone (she did live with my daughter until she moved to UK to study).  She is renting it on her own from a private landlord.  I stay in the property we have a mortgage on which still around 50K on.    The house isnt on the market i took it off when my daughter moved back to the UK to study at University we had an agreement that I would stay in the house while my daughter was at school or studying so she could come stay here during holidays and weekend, then when she went to Uni she chose to study in the UK for a nursing course.  

KKILP

They had said they overpaid her due to the critical illness cover she gets as she had a stroke while working for an airline in her thirties so they pay that out on a monthly basis but as it goes up with inflation now they are saying HB has been overpaid, but she has advised they have told her 'you have a house to sell in UK, why isnt it sold, have your proof of it on market'  Ive never heard of them asking for proof of it on the market.  Are they allowed to do that.  Would they not need to know the valuation and what the mortgage was sitting at as it could be in negative equity for all they know.

sammyjammy

If it was in negative equity it would be for your her to provide evidence, they are asking if its up for sale as in those circumstances it could be disregarded for a time.  You haven't answered the question about whether you are joint tenants?
The two of you coming to an agreement about when to sell the house is of no interest to the local authority.

calcotti

KKILP said: She also thinks she is entitled to half the house if it does get sold?

That's the first question to answer - does she have a legal financial interest in the property. If not then nothing else applies.
If she does then the value of her share of the property is taken into account and, if over £16,000, means she is not entitled to means tested benefits such as Housing Benefit.
With regard to forcing the sale of the house to pay of a benefit debt the council would need to pursue this through the courts.
Please note - the above comments are based on law in England. There may be differences in NI.

KKILP

Hi sammyjammy, no we are not joint tenants in Northern Ireland,  the mortgage in the property in UK is in joint names

poppy12345

Then if there's equity in the house and it's more than £16,000 then she won't be entitled to any means tested benefits.

elsien

KKILP said:

Hi sammyjammy, no we are not joint tenants in Northern Ireland,  the mortgage in the property in UK is in joint names

Just to add, Northern Ireland is still part of the UK. Makes  no odds to your situation, but it looks odd when you're referring to the mainland as the UK and leaving NI out. 

KKILP

poppy12345, yes but the house isnt sold yet.  Its not even on the market, there is still a mortgage on it, what I want to know is can they force a sale on the property or stop her housing benefit until the property is sold.  

calcotti

elsien said: Just to add, Northern Ireland is still part of the UK. 

Although increasingly it feels like a (dis)United Kingdom!