Unfair Universal Credit Capital Decision

jbean1982

I'm writing in desperation, hoping someone can offer advice or guidance on a devastating situation I'm facing with Universal Credit. I'm a single mother of three, and after four years of receiving Universal Credit without any issues, I've suddenly been hit with a severe capital assessment decision.

The issue stems from a property in France. My ex-husband lives there with his new wife and baby. During my initial Universal Credit application, and when questioned later, I mentioned the potential of owning a share of this property. I was terrified of being dishonest, but the reality is incredibly complicated and distressing.

My ex-husband and I divorced with no financial settlement. He has consistently refused to communicate with me and claims he's removed my name from the property deeds. He has a history of financial abuse, and I have absolutely no access to any information about the property, including mortgage details or proof of ownership. He also refuses to discuss anything related to our children, for whom I am solely responsible.

I've consulted solicitors who have told me that proving ownership in France is incredibly difficult and costly, especially as my ex-husband lives there and is completely uncooperative. As a single mother on Universal Credit, I simply cannot afford the legal fees required to pursue this.

Despite this impossible situation, Universal Credit has suddenly decided to treat me as having capital based on this property. They made this decision without any prior consultation, after four years of accepting my claim, and it's causing immense financial hardship and stress.

I feel completely trapped. I'm being penalized for an asset I cannot access, prove ownership of, or realize any value from. I'm also being punished for attempting to be honest, even though I'm in a situation where I have no means of getting the required information.

I'm desperate for advice. Has anyone experienced anything similar? Are there any avenues I can explore? Are there any organizations that can help with navigating complex international property disputes?

I'm hoping someone on this forum might have some insight or know where I can turn for help. I'm at my wit's end and don't know what to do.

peteuk

Without seeming rude...is this a genuin question? (apologises but we have had a spate of therorical questions) 

Now for the answer its not unfair...

You have/had part ownership of a house in France that you do not live in, therefore any monies in that property is classed as capital. 

When you divorced, you had no financal settlement (Not the best move - unless you expect him to become very rich) So therefore you still have claim to half the house.   If youve been removed from the ownership or not you can still take your ex to court for financal settlement and claim half of the house. 

Did he pay you for your share?  If so then you can easily show this to DWP - the house therefor is not in your name.  
Did you sign anything to say you release your share of the house?

Sounds like you still own part of the house, therfore DWP belive you have capital over either £6K or £16K.  If over £6K they will reduce your payment by £4.35 for every £250 or part of there in. If you are found to have over £16K then your entitlement to UC stops until that amount is below the £16K. 

Now the reason why I question this is because we have had a simular question recently and the way you mentioned the potential of owning a share of this property.  You either do or dont, therefore its in your best interest to find out, because one if you do then you can go to the courts for the financal settlement, if you don own it then you need to be paid for the part you did own.  Or at least understand why your ex got the house in France....

mybestattempt

jbean1982 said:

I'm writing in desperation, hoping someone can offer advice or guidance on a devastating situation I'm facing with Universal Credit. I'm a single mother of three, and after four years of receiving Universal Credit without any issues, I've suddenly been hit with a severe capital assessment decision.

The issue stems from a property in France. My ex-husband lives there with his new wife and baby. During my initial Universal Credit application, and when questioned later, I mentioned the potential of owning a share of this property. I was terrified of being dishonest, but the reality is incredibly complicated and distressing.

My ex-husband and I divorced with no financial settlement. He has consistently refused to communicate with me and claims he's removed my name from the property deeds. He has a history of financial abuse, and I have absolutely no access to any information about the property, including mortgage details or proof of ownership. He also refuses to discuss anything related to our children, for whom I am solely responsible.

I've consulted solicitors who have told me that proving ownership in France is incredibly difficult and costly, especially as my ex-husband lives there and is completely uncooperative. As a single mother on Universal Credit, I simply cannot afford the legal fees required to pursue this.

Despite this impossible situation, Universal Credit has suddenly decided to treat me as having capital based on this property. They made this decision without any prior consultation, after four years of accepting my claim, and it's causing immense financial hardship and stress.

I feel completely trapped. I'm being penalized for an asset I cannot access, prove ownership of, or realize any value from. I'm also being punished for attempting to be honest, even though I'm in a situation where I have no means of getting the required information.

I'm desperate for advice. Has anyone experienced anything similar? Are there any avenues I can explore? Are there any organizations that can help with navigating complex international property disputes?

I'm hoping someone on this forum might have some insight or know where I can turn for help. I'm at my wit's end and don't know what to do.

I have no experience of means tested benefits or ownership of property in France.

However, my immediate thought is that if you appeal the decision then DWP would have to prove you do have ownership of the property in France.

If they have the necessary documentary evidence then they should provide this to you.

HillStreetBlues

What is the history of the French property? when was it bought? did you live there with your ex? the more detail you provide the better.

kaMelo

A little more detail would be helpful but if the property was owned when you two were married then the starting point would be that the property is a marital asset of which you own half of. The fact you haven't agreed a financial settlement for those marital assets doesn't exclude your share from being counted as capital for UC purposes.

There is some leeway for separating couples when some things can be disregarded but it is not open ended and you are expected to resolve your financial affairs in a timely manner.

Muttleythefrog

Have they given any details of their calculation of the capital... it's hard to understand how they can determine capital when you can't. What is concerning is the issue has existed for years and wonder what "a severe capital assessment decision" means.. are they looking to recover payments for the last 4 years? A Mandatory reconsideration is tricky to advise on due to lack of facts and what could be your arguments... I presume they consider you a beneficiary of a property you do not live in and showing you are not... well... 

itsthelittlethings

Perhaps contact Women’s Aid.

huckster

Did you complete A64a form for UC confirming details of this second property?

For UC Decision Makers to have made a decision, it must have been based on some information you provided.

Raise a mandatory reconsideration appeal with UC

rosewalk

I would advise to seek advice from a welfare rights agency such as Citizens Advice and to contact Women's Aid or similar agency for support. 

Grumpy_chap

Is there a disregard for property occupied by a former partner?  I think there is, but not sure whether it applies in this case.

KxMx

Wouldn't apply in this case:

https://england.shelter.org.uk/professional_resources/legal/benefits/universal_credit/universal_credit_capital_rules#:~:text=Property is disregarded for six months when the claimant has,moved out of their home.