HELP WITH EX WIFE AND HOUSING INFORMATION PLEASE

KKILP

elsein, but there maybe different rules regarding things, as they have different driving licences, no council tax and other things are different over there so I wanted to find out if anyone know the info required

poppy12345

KKILP said:

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.  

It's not up for sale because you took it off the market. If there's equity in it then your ex partner will not be able to claim for any help with the rent. I have no idea if they can for a sale.

sammyjammy

KKILP said:

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

My question relates to the property with the mortgage, do you own the house as joint tenants or as tenants in common?  If you own as joint tenants her right to any value in the property is 50% at the starting point.  Just as she hasn't been paying the mortgage have you been paying her rent for her half?

sheramber

https://www.nihe.gov.uk/Housing-Help/Housing-Benefit/Housing-benefit-entitlement
Having  a share in a house counts as capital.  That prevents her  from qualifying for housing benefit.
She is entitled to 50% of the value of the house less selling costs.
As long as that position exists she cannot get housing benefit.
She needs that money to  pay her rent. She is not going to get any help with her rent.
If the house is being marketed it can be ignored for a certain time - I think 6 months.
if you do not  want to sell the house you will need to buy her out and get her name removed from the mortgage ( is it is a joint mortgage) and  the house deeds.

Rubyroobs

Has she been claiming HB for the last 11 years whilst owning half a house ? If so it's going to be a big overpayment.

KKILP

I have given her money over the years in fact just before xmas gave her £3000 as she says she had no money,  I regularly gave her money on top of a monthly payment of £250  to pay her bills as she gambled online and often didnt have enough money to feed our daughter or pay her rent.  I also paid for our daughter school fees in full as she went to a fee paying school in NI. 

poppy12345

Sounds like she needs some help. All of that isn't going to help her with the overpayment for housing benefit.

p00hsticks

KKILP said:

I have given her money over the years in fact just before xmas gave her £3000 as she says she had no money,  I regularly gave her money on top of a monthly payment of £250  to pay her bills as she gambled online and often didnt have enough money to feed our daughter or pay her rent.  I also paid for our daughter school fees in full as she went to a fee paying school in NI. 

You really need to get the terms of your separation legally formalised if you haven't already....