Property disregards on universal credit

[Deleted User]

i managed to find the guidance thats issued to decision makers 

so you are all right and apologies, i am the legal owner therefore i have to declare that i own the property but it doesnt automatically mean i have 50% of capital

the decision maker needs to decide if we are joint owners or common owners, i can get my ex to testify we are in no way joint owners, and as a legal owner she is allowed a say in who has benefits from the capital

the decison maker then needs to decided what share i have in the property, given i paid none of the deposit or any mortgage payment for 8 years that shoudnt be a problem, its issued in the guidance they need to take this into account

one of the examples is about two guys who buy property together but one of them travels around the world for a couple of years and makes no payments, they state his share should be reduced to compensate

they also states that there is a difference between a legal owner and a beneficiary, i am a legal owner but not a beneficiary it can be said that im not a beneficiary if written evidence can be provided from an legal owner

also the property can be disregarded for 6 months if i can prove im making steps to dispose of the property

im hoping they accept my evidence that i dont benefit from the capital and if they dont i will be looking to make a case to have it disregarded and take steps to transfer my ownership

thanks for all the advice, its been quite a journey

[Deleted User]

just read she cant just tesitify to be common owners, i have to apply to have the joint tenancy severed and apply to be common owners

i can do this independent of her, she just needs to agree 

calcotti

I’m not a property expert but if the joint tenancy means that you have a legal share to the value and you then change it to tenants in common and fix a percentage share that changes the value of your ownership then you will have deprived yourself of capital.

poppy12345

You should also be aware that it maybe possible they could suspend your UC until a decision's been made on the property.

[Deleted User]

ive explained everything in the journal so will see what they say

from reading the guidance it seems that they are advised to look at it logically rather than by property law etc which makes sense, nothing they rule is legally binding outside of their ruling on benefits like i said they have to decide who benefits from the capital rather than who legally owns it

im aware of the deprivation of capital, im guessing if i was to reduce my stake based on the fact i havnt contributed anything it would be seen as logical and fair in the eyes of making a benefit decision

like i said im hoping that in any case it can be disregarded for 6 months until i make efforts to dispose of it
 

wilfred30

Are you sure that the legal document that she had drawn up and you signed wasn't just about you not receiving any of the rental income rather than your equity in the property?

peb

Did you note my comment?   Beneficial interest and legal interest are different.

You are talking about severing the joint tenancy,  this will simply mean you are tenants in common and not joint tenants (previously known as beneficial joint tenants).  This is the legal interest.

You still need to ascertain that your beneficial interest is nil.  Just because you sever the joint tenancy this does not mean that your beneficial interest is less.   

[Deleted User]

they replied

aslong as i have signed a document giving up all rights to the property i dont need to declare it

wilfred30

But have you though?  As per my question above.

The wording of the document is critical in answering that question.

andrewmp

marcia_ said:

superbal7 said:

in my head i dont own the property, i havnt dealt with it in 8 years,

  What is in your head is not the same as what is true! 

 Land registry and mortgage is true and legal and is what UC will look at. 

 You declare and at the same tine you provide evidence ie the letter/documents you signed. 
 

If he isn't named on the deeds (title at land registry) then legally be doesn't own it and has answered the question honestly.