Property disregards on universal credit

andrewmp

Deleted-User said:

ok im going to get a copy of the document ive signed and find out exactly where my name appears and report it all in my journal

i appreciate every ones advice and im sorry if ive not come across well, it wasnt my intentions

Pay a few quid to the land registry to see if you're the legal owner.  If you are, you must declare it.  

andrewmp

Just read the other posts.  If you are joint tenants with your ex then you'll legally own half the property and this will transfer to you in full if she dies.

If you're legal owner you need to declare it, no ifs or buts.

poppy12345

Deleted-User said:

they replied

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

Who replied? Was it a work coach or a decision maker? I would use caution with this because the only person that can really make a final decision is a decision maker. The mortgage is still in your name which means you still own half of it.

andrewmp

poppy12345 said:

superbal7 said:

they replied

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

Who replied? Was it a work coach or a decision maker? I would use caution with this because the only person that can really make a final decision is a decision maker. The mortgage is still in your name which means you still own half of it.

I don't understand why they would allow him to be named on a property he has no in interest in.

It sounds to me like he's signed some sort of declaration that he will not benefit from the rental income as nothing else makes sense.

poppy12345

andrewmp said:

poppy12345 said:

superbal7 said:

they replied

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

Who replied? Was it a work coach or a decision maker? I would use caution with this because the only person that can really make a final decision is a decision maker. The mortgage is still in your name which means you still own half of it.

I don't understand why they would allow him to be named on a property he has no in interest in.

It sounds to me like he's signed some sort of declaration that he will not benefit from the rental income as nothing else makes sense.

Yes, that's my thoughts too and it really doesn't make sense.

andrewmp

Deleted-User said:

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

The example they've used about someone traveling around the world will be an example of how to work out an equitable/beneficial interest in the case where someone is not the legal owner of the property. It's for situations whereby one person buys a house, yet someone else pays towards the mortgage etc.  They would have a potential benefitial interest in the property.

If you're joint tenants, then legally you own half.  If you're tenants in common then legally you own the share stated.

 

sheramber

To avoid any problems in the future you still need to get your name removed from everything to do with the house.