Housing benefit/home owner

going.for.gold · 17 May 2017 at 6:32PM

My sister and her husband are in the process of separating. They own their own home and have two children. He is making life impossible for her to remain in the house. Continual vicious arguments (not physical). Their children are under 5 and life has become impossible.
She wants to know if she can move out and privately rent and get Housing Benefit. She works part time, however is on maternity leave at the moment, but would not be able to afford full rent. He is refusing to give her any money, but he does pay the mortgage. She is at her wits end and can't live like this as it's affecting the children and her health, she is already on anti depressants.
Any help would be appreciated, her husband is being totally unreasonable and refuses mediation or any outside help. TIA

[Deleted User] · 17 May 2017 at 8:28PM

She needs to get legal advice.

Diary · 17 May 2017 at 9:18PM

going.for.gold wrote: »

My sister and her husband are in the process of separating. They own their own home and have two children. He is making life impossible for her to remain in the house. Continual vicious arguments (not physical). Their children are under 5 and life has become impossible.
She wants to know if she can move out and privately rent and get Housing Benefit. She works part time, however is on maternity leave at the moment, but would not be able to afford full rent. He is refusing to give her any money, but he does pay the mortgage. She is at her wits end and can't live like this as it's affecting the children and her health, she is already on anti depressants.
Any help would be appreciated, her husband is being totally unreasonable and refuses mediation or any outside help. TIA

As she's on maternity leave I'm assuming she's not long had another baby. Was he like this before she wanted another baby with him or has it only just begun? If it's only just begun could a trial separation be on the cards while he 'sorts himself out'? If it's permanent she needs face to face specialist advice.

going.for.gold · 18 May 2017 at 10:40AM

Their second child was 4 months old when it all kicked off. He started seeing someone else, his reasons were that it was initially for sex, as my sister had a bad pregnancy and a sexual relationship had been off the agenda for a long time.
The reason she wants to get a place of her own is to instigate a proper separation, and have a cooling off period but he refuses to move out so the onus is on her to make the move but she feels trapped, because she isn't financially able to support herself, even when she returns to work she will hopefully be entitled to some financial help. I have been giving her help with some cash, but it's not something I can do on a regular basis. As far as legal advice is concerned, she couldn't afford to get a solicitor. Sadly all CAB offered her was free literature.

Diary · 18 May 2017 at 10:49AM

going.for.gold wrote: »

Their second child was 4 months old when it all kicked off. He started seeing someone else, his reasons were that it was initially for sex, as my sister had a bad pregnancy and a sexual relationship had been off the agenda for a long time.
The reason she wants to get a place of her own is to instigate a proper separation, and have a cooling off period but he refuses to move out so the onus is on her to make the move but she feels trapped, because she isn't financially able to support herself, even when she returns to work she will hopefully be entitled to some financial help. I have been giving her help with some cash, but it's not something I can do on a regular basis. As far as legal advice is concerned, she couldn't afford to get a solicitor. Sadly all CAB offered her was free literature.

Some solicitors have free half hours or so for clients particularly with domestic abuse which this certainly sounds like. Even if she has to pay it'd be worth it in the long run or try women's aid.
The situation sounds intolerable for her.

theartfullodger · 18 May 2017 at 2:53PM

I assume you mean they jointly own the marital home. If so is the split/% of ownership defined anywhere?? (eg 50/50)?

With Housing Benefit - see
https://www.gov.uk/housing-benefit/eligibility
- if you've got savings of more than £16k then no housing benefit. And if you own a property where your share of the equity is more than £16k then no housing benefit.

So, let's give an example: Joint ownership, 50/50 split agreed and documented: Place worth (genuine market value if sold with vacant possession) is £187k. Outstanding mortgage (including any arrears) £152k. So equity in property ... £187k-£152k = £35k: So her 50% share is £17.5k, over £16k so no housing benefit.

She needs to be speaking to a good family law solicitor. A free 20 minute chat with (no offence) the current office trainee ain't going cover it realistically, is it?

pmlindyloo · 18 May 2017 at 5:11PM

theartfullodger wrote: »

I assume you mean they jointly own the marital home. If so is the split/% of ownership defined anywhere?? (eg 50/50)?

With Housing Benefit - see
https://www.gov.uk/housing-benefit/eligibility
- if you've got savings of more than £16k then no housing benefit. And if you own a property where your share of the equity is more than £16k then no housing benefit.

So, let's give an example: Joint ownership, 50/50 split agreed and documented: Place worth (genuine market value if sold with vacant possession) is £187k. Outstanding mortgage (including any arrears) £152k. So equity in property ... £187k-£152k = £35k: So her 50% share is £17.5k, over £16k so no housing benefit.

She needs to be speaking to a good family law solicitor. A free 20 minute chat with (no offence) the current office trainee ain't going cover it realistically, is it?

Since it appears that this person is the victim of domestic abuse (certainly from the fact that they are being given no money suggests this) then there is lots of help available in this situation. Housing Benefit can be paid in these circumstances.

Lots of good information and useful links here:

http://england.shelter.org.uk/get_advice/domestic_abuse

going.for.gold · 18 May 2017 at 8:17PM

She owns the house 50/50 as nothing different was implied at the time of purchase. The problem is that her share won't be available until the house is sold, he won't sell and as she doesn't pay the mortgage she has no option but to leave the home to get relief from this situation. He won't help her with rent and clearly from what you have said HB won't be considered. It sounds like a catch 22. I think legal advice might be the best thing. Or some ground glass in his curry.....:rotfl::rotfl::rotfl:

TELLIT01 · 18 May 2017 at 10:13PM

As others have said, she needs to get legal advice. As she can't occupy the house or raise any capital from it, it's possible that it will be disregarded for benefit purposes. Whether it will be I can't answer - that's why she needs legal advice. In the first instance she could try contacting her local council to see what help might be available.

WillowCat · 18 May 2017 at 10:20PM

I'll state right now that I don't know if domestic violence makes any difference to the rules for housing benefit.

Normally however, the equity value in the marital home will be disregarded providing the children live there. So if she leaves and the kids stay with dad she will be able to claim housing benefit.

tboo · 19 May 2017 at 10:20AM

WillowCat wrote: »

Normally however, the equity value in the marital home will be disregarded providing the children live there. So if she leaves and the kids stay with dad she will be able to claim housing benefit.

Then the child benefit and child tax credits will be passed to the ex and she will lose all the premiums to calculate the HB - dependant on her income etc she may not qualify or get a lot less than she would if the children were there

Houses are normally disregarded for 26 weeks from the date she left the marital home

It can be disregarded for a further 26 weeks from the date she takes reasonable steps to dispose of the property - i.e put it on the market (but this may be difficult)

or she seeks legal advice - 26 weeks from the date you seek advice

Housing benefit/home owner

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