Universal credit messy divorce 2 homes

ButterNoodles1

Thank you all for the above. It’s a complex situation involving DV and CP. it’s not a case of either of us not selling it’s just that we’ve not gotten to that stage of settlement yet so assets are tied up. Unfortunately I think he got wind of me moving out as I wanted to escape the DA  as I gave the tenant in second home her notice. The second she moved out he secretly moved in when I was at work and changed the locks. Gave his job up and not supported us. He will get found out with his non disclosure at the final hearing just need help until then. That was almost a year ago. 

I’ve just contacted someone from a local charity about looking at appealing the mandatory reconsideration I didn’t even realise you could do that so thank you. The CAB were my initial contact and told me I wouldn’t get anything in the first instance. If I could work all the hours I would but can only work around my family just so odd no support for at least the children? 

Haven’t had a chance to look at that paper but will do now. 

Thank you all for taking the time. Hopefully there is a solution and can help others in my situation.

Spoonie_Turtle

Oh goodness, 'messy' in your title is quite the understatement, what difficult circumstances, I'm so sorry.

If you haven't already, please do make the full circumstances clear when pursuing this.  Unfortunately there is no exception in legislation that I know of for people in or trying to escape abusive situations, however what is deemed as 'reasonable' (as in, 'take all reasonable steps') usually depends on the facts of the case, so to make a proper determination the DWP or judge do need to know all of the situation

It sounds like a complicated case and one for which you probably need an experienced adviser.  I do hope the local charity can either provide someone or signpost to where you can get that experienced advice.

For reference, the linked paper in the thread is essentially reproducing ADM Chapter H2, Capital Disregards
https://assets.publishing.service.gov.uk/media/654111fb1f1a60000d360b54/admh2.pdf
(ADM = Advice for Decision Makers, the official DWP guidance 
https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide )

HillStreetBlues

ButterNoodles1 said:

Thank you all for the above. It’s a complex situation involving DV and CP. it’s not a case of either of us not selling it’s just that we’ve not gotten to that stage of settlement yet so assets are tied up. Unfortunately I think he got wind of me moving out as I wanted to escape the DA  as I gave the tenant in second home her notice. The second she moved out he secretly moved in when I was at work and changed the locks. Gave his job up and not supported us. He will get found out with his non disclosure at the final hearing just need help until then. That was almost a year ago. 

I’ve just contacted someone from a local charity about looking at appealing the mandatory reconsideration I didn’t even realise you could do that so thank you. The CAB were my initial contact and told me I wouldn’t get anything in the first instance. If I could work all the hours I would but can only work around my family just so odd no support for at least the children? 

Haven’t had a chance to look at that paper but will do now. 

Thank you all for taking the time. Hopefully there is a solution and can help others in my situation.

If there was no problems selling the property your ex is living in, what would be the rough value?

HillStreetBlues

NedS said:

Spoonie_Turtle said:

I think the only potential point of any argument would be this, from the above link:


"Premises a person is trying to dispose of 
If a person is trying to dispose of premises, they can be disregarded from the calculation of capital where they are taking reasonable steps to dispose of the premises and those steps started within the last 6 months.

Have they taken reasonable steps though? Have they received a valuation from an estate agent?

I understand the partner may be dragging their heels, but they will still need to be able to provide sufficient evidence that they are trying to dispose of it. Do they have solicitor letters urging the partner to resolve sale of the property? I doubt just sitting back accusing the partner of dragging their heels would satisfy the condition. In their shoes, I would be taking every measure possible to push for a resolution ASAP.

The first reasonable step would be a divorce, and division of marital assets, will the ex try and claim more then the 50% share of each house?   

ButterNoodles1

We’ve already had FDR and he wouldn’t budge on my proposal. The judge says he’s over housed for a single man and has a huge earning capacity. The house I’m in is worth nearly double but there’s 6 of us! So in theory asset rich cash poor but our housing needs are met just can’t afford the day to day things like fuel without borrowing more and more. Eventually I’ll downsize and looking forward to the day I can be financially independent.