Capital disregard ending

Jargogle

I moved out of the former marital home 6 months ago so the following is coming to an end:

Premises ceased to be occupied
H2114 Where a person has ceased to occupy premises as their home following estrangement from their former partner, those premises can be disregarded from the calculation of that person’s capital where
1. the person has ceased to occupy those premises within the past 6 months or

My ex is staying in the property and I am renting, divorce hasn't been applied for and we have agreed on me getting a small share from the property (less than £16k) this is due to me having another property in my name occupied by elderly relatives (declared and disregarded for UC). The marital home is in joint names so how can I prove my settlement is going to be less than half? I'm working full time, my child lives with me and I will struggle to cover my bills and rent once UC stops. Is it possible to disregard the marital home for longer than 6 months? 

sammyjammy

It is possible to extend the six months for certain reasons, what would your reason be if nothing is going to change?

HillStreetBlues

You might have to show that taking a small share is reasonable, and not contrived  to stay on  UC.
Without knowing all the figures and info it would be impossible tto show how taking less than half is reasonable. You might take less than half, but the DWP might calculate your share as half under deprivation of capital (DoC)

TELLIT01

I think you need to get legal advice from somebody specialising in this area of the law.  As mentioned by HillStreetBlues, DWP may view taking less than £16k from the value of the property as a device to stay on benefits.

peteuk

What was the mortgage/ownership terms and conditions.  Usually your entitled to a 50/50 split (unless previously agreed in the TCs) 

The agreement may be ok but is it backed up by a formal financial agreement, this May bite if UC says the agreement is low to keep under the £16K and youve just done yourself out of ££££’s