Advice re: buying a house.

joncoz7

Please can anyone advise. I am in receipt of Income related ESA and I have my name jointly on the deeds of a house with my ex wife. I have not lived in it for 8 years and have been in receipt of HB as I agreed to wait to sell it until my son had finished school. 
My ex wife is putting the house up for sale, I've heard somewhere I can use the money to buy another property if it's with in 26 weeks but wanted to check if this is true. I plan to buy a flat outright with the money as part of a chain.
Many thanks 

DE_612183

how exactly are the proceeds of the house sale going to to be split ( if at all ) - once you have the money you can do as you wish with it - but obviously once in receipt your benefits will be affected.

p00hsticks

I know that if you are selling the property you are living in there is a 26-week grace period where your benefits are not affected if you are going to use the money to buy another property to live in within that time frame.

I'm not sure if the same applies in your circumstances. Presumably the agreement to let your ex- and son remain living in the property was something formally agreed as part of the divorce process ?

tacpot12

Your benficial interest in your home is likely to have been disregarded for IR-ESA as it was it is occupied as a home by your former partner and she is a lone parent (see Section 52524 of the Advice to Decision Makers here: DMG Chapter 52: Capital (publishing.service.gov.uk)

It is likely that the proceeds of the sale will also be disregarded for 26 weeks (see Section 52535 the same Advice to Decision Makers). My only concern is whether the home that is to be to sold meets the criteria for the disregard - i.e. it's not your home currently;it is your ex's. I can't find confirmation that the disregard should be allowed in your situation, but at least you know the point you need to clarify. 

It might be better to call Citizens Advice if you don't get a difinitive answer on this forum.  

kaMelo

I have the same thoughts as @tacpot12 ,that whilst the disregard applies to your former home as long as your ex wife lives there as a lone parent. But as I understand the rules there is no disregard for any equity you receive once it is sold as it was not your home at the time of sale.