Housing benefit question

PenguinForever

I was wondering about if there was anyone who could offer some insight into our situation. This is a situation which, obviously, is highly emotional, but what I have tried to do in this post, is remove the emotion and just stick to the raw facts to see if this is possible or not.

Wife and I are splitting up

Before wife and I got together, I owned a house.

Wife had 3 kids before we got together.

Together we had 2 more children.

This is an incredibly supportive and caring divorce and we are trying to find a way through this together and to get the best outcomes for all members of our family. It is agreed we would leave the relationship with what we entered it with (for me, the house). However, I couldn’t see my family move from ‘their family home’. Although I’d have my children 50% of the week, I want them to see all 4 children in the home they call home. However, this isn’t an ideal world and I couldn’t afford a mortgage for a home without some kind of extra income from my existing  home. My wife’ would be entitled to universal credit and housing benefit and my question is, could I legally, being her ex husband and father of 3 of her children, be her landlord and her legally claim housing benefit for this house? It is all legitimate in my eyes - I own the house, we have split up, she is staying in the house, and paying rent. The only other option would be for her to move out and live somewhere else, but it would sit with me much more comfortably if it was me moving out, but we just need to make it work financially. Many thanks for any help or suggestions (please be kind) 

marcia_

PenguinForever said:

I was wondering about if there was anyone who could offer some insight into our situation. This is a situation which, obviously, is highly emotional, but what I have tried to do in this post, is remove the emotion and just stick to the raw facts to see if this is possible or not.

Wife and I are splitting up

Before wife and I got together, I owned a house.

Wife had 3 kids before we got together.

Together we had 2 more children.

This is an incredibly supportive and caring divorce and we are trying to find a way through this together and to get the best outcomes for all members of our family. It is agreed we would leave the relationship with what we entered it with (for me, the house). However, I couldn’t see my family move from ‘their family home’. Although I’d have my children 50% of the week, I want them to see all 4 children in the home they call home. However, this isn’t an ideal world and I couldn’t afford a mortgage for a home without some kind of extra income from my existing  home. My wife’ would be entitled to universal credit and housing benefit and my question is, could I legally, being her ex husband and father of 3 of her children, be her landlord and her legally claim housing benefit for this house? It is all legitimate in my eyes - I own the house, we have split up, she is staying in the house, and paying rent. The only other option would be for her to move out and live somewhere else, but it would sit with me much more comfortably if it was me moving out, but we just need to make it work financially. Many thanks for any help or suggestions (please be kind) 

 No she can not claim housing benefit to pay a close relatives mortgage. This would look to be a contrived tenancy. 

Martin_the_Unjust

Your wife really needs to get herself a solicitor 

poppy12345

marcia_ said:

PenguinForever said:

I was wondering about if there was anyone who could offer some insight into our situation. This is a situation which, obviously, is highly emotional, but what I have tried to do in this post, is remove the emotion and just stick to the raw facts to see if this is possible or not.

Wife and I are splitting up

Before wife and I got together, I owned a house.

Wife had 3 kids before we got together.

Together we had 2 more children.

This is an incredibly supportive and caring divorce and we are trying to find a way through this together and to get the best outcomes for all members of our family. It is agreed we would leave the relationship with what we entered it with (for me, the house). However, I couldn’t see my family move from ‘their family home’. Although I’d have my children 50% of the week, I want them to see all 4 children in the home they call home. However, this isn’t an ideal world and I couldn’t afford a mortgage for a home without some kind of extra income from my existing  home. My wife’ would be entitled to universal credit and housing benefit and my question is, could I legally, being her ex husband and father of 3 of her children, be her landlord and her legally claim housing benefit for this house? It is all legitimate in my eyes - I own the house, we have split up, she is staying in the house, and paying rent. The only other option would be for her to move out and live somewhere else, but it would sit with me much more comfortably if it was me moving out, but we just need to make it work financially. Many thanks for any help or suggestions (please be kind) 

 No she can not claim housing benefit to pay a close relatives mortgage. This would look to be a contrived tenancy. 

The husband is not a close relative. In some cases you can claim help with the rent when renting from an ex partner. However because this is their former home where they lived together, she will not be able to claim for help with the rent. See link. https://england.shelter.org.uk/housing_advice/benefits/claiming_benefits_if_you_rent_from_family?gad_source=1&gbraid=0AAAAADwswOwWtDCYohn0_ObXT8N0iKQ3f&gclid=Cj0KCQiA88a5BhDPARIsAFj595hk-c9_e_Y-Op1B83m9gu8-PLMycv1V0Y_iquh_276kfxA0dCBAiG0aAqTZEALw_wcB&_its=eF5Vj02SgyAQhe_CeowiIuANspgzWNA0kSojFrbjIhXPPphZzfa9r97Pi_1EzwZmlJBN77CCTmLVqQCVk45XQisAEE6qgOyLbWQJC55nOrkSXBjZd_yc7eLPdtSS9824rjB6C7xBobzpBdrOtIaHoF1wrZBCa1miLFGObqeYFja82Lq7OW4T5pL-SOkxX3U-PW0sNjuO4_an3iA9i5MxYM4feiJat6Gu_zN1gWCyy4LzvRz8TCv7M3wnfz0oK-1Oib2LGAkvhnOj9PsX0GJVzA

Renting from an ex partner

You can get universal credit housing costs to rent from an ex partner if you have a proper tenancy agreement.

You cannot claim housing benefit if either:

• you lived as a couple in the home you now rent

• you have a child together who is under 16 and lives with you

elsien

I think there may well also be questions around why your wife is walking away with what she came into the marriage with, because that is not what the law says. And just as an example, she didn’t walk into the marriage with two extra children.
She is doing herself a disservice by not considering that. I would also strongly suggest that  she needs her own independent legal advice.

powerspowers

A starting point for divorce is usually 50/50 so I’d say that your wife is entitled to some of the equity in the home rather than each leaving with what you started with. You may also need to think about pension sharing, especially if she has been not working in order to care for the younger children. 

HillStreetBlues

As others have stated your wife will be entitled to a share in the house.
Giving up (or giving away) the capital that share has could be classed as Deprivation of Capital meaning she would still be classed as having that capital, that  could mean no income related benefits such as UC.