Full time mum breaking up :(

Mummy1986 wrote: »

I’d say £120k max. £77k left to pay.

There is £43,000 capital in the property.

10% will be disregarded and then 50% of the remainder will be treated as your capital = £19,350.

There is a 26 weeks disregard from the date you leave the property.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/365782/hbgm-bw1-assessment-of-capital.pdf

v a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregarded period begins on the date of leaving the home. A disregard under this provision can only be applied for 26 weeks unless the home is occupied by a former partner who is a lone parent when the disregard applies for so long as the home is so occupied
HB Sch 6 Para 25; CTB Sch 5 Para 25

If it was more than 26 weeks ago there is no disregard.

There is no disregard as you are not taking active steps to sell the property, you are not taking legal action to recover the property as your home, the ownership of the home is not in dispute, the property is not occupied by a former partner and your children (if you lived in the property with your children your ex-partner can claim housing benefit as the capital value of the property is disregarded - if he had custody of the children then you can claim housing benefit as a single person and the capital value of the property would be disregarded).

If you make no attempts to sell or recover the property within 26 weeks of leaving all your means tested benefits will cease.