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Divorce/separation

Separating but needing to stay in same house

8 replies

fledtoscotland · 16/05/2013 12:40

H and I have talked about separating as its not been right between us for a while. He can't afford to move out and I can't afford mortgage alone.

How does it work for tax credits? Hmrc website says that it acknowledges that people may still need to live at same address so he will still be on electrol roll etc but what will they ask for as proof we are separated? His income (v minimal Hmm) already goes into his acct and I've got an acct that's in both names but my salary goes into to pay mortgage. He gives me £100 per week for housekeeping -and his share of bills.

TIA

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NappyHappy · 17/05/2013 17:04

Bumping this as I need to know too.

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2anddone · 17/05/2013 23:21

Not sure about hmrc but student finance asked for proof of our seoeration to get h taken off my account. We live in different houses but I had to go to a solicitor and swear and sign a statutory declaration that we were separated, so might be something similar to that

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fledtoscotland · 18/05/2013 11:31

Thanks for that. Will phone HMRC nxt week and ask what they want. Just wish I could go to sleep and not wake up at the moment. It's like living with Jekyll & Hyde with "D"H and although we can't afford to move out, not sure how we can live under same roof. If he moves out he's made himself homeless so won't get any support from council and I want to give DC stability in their home. If HMRC will give me tax credits as a lone parent then he won't need to pay me bills and can save for a deposit on his own place.

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cooper44 · 18/05/2013 13:13

Yes you can live together and claim as lone parent. I called to explain and they were fine about it. They are very helpful when you finally get through! Good luck.

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cooper44 · 18/05/2013 13:14

Ps I didn't answer your question. I wasn't asked for any kind of proof. Although if I had to I guess I'd just point them in the direction of the solicitor handling my divorce!

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ChaosCatt · 08/06/2013 00:46

hello cooper, just reading your post, I wonder how a cohabiting couple situation differs?

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nikaia60 · 08/07/2013 18:16

I had my tax credits claim rejected for exactly this reason - they need proof that you are living independently before they will accept your claim, even if you're still at the same address at the time of making the claim (as my XP and I STILL are 5 months after we split because he 'can't afford to move out'...but that's another story... bangs head against the wall in frustration)
I was told by HMRC that I need to supply one of the following;

a) proof that I am financially independent of him, ie. that we keep separate bank accounts and the only payments I receive from him are those reflecting his share of the mortgage and child support (can't do this because I can't afford to be financially independent until I'm claiming tax credits. )

b) that I can show evidence of living as a single person eg. council tax bill showing single person's discount

c) a legally binding Deed of Separation stating the date we separated (NB. this option will require that you supply one of the above forms of proof within 8 months of opening your claim.

I have now been to see a Solicitor to obtain the deed of separation. PM me if you want any more details, happy to give any advice xx

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TurnipIsTaken · 21/07/2013 10:20

I have a lot of sympathy for all you people living with your exs. I found it bad enough having to see him at pick up / drop off for ds.

My ex started getting violent so I told him I needed some space and he stayed with a friend for a few days. Then he went to council and told them he had nowhere to stay, I had kicked him out, was a mad crazy bitch who wouldn't let him back in the house (Hmm) and he got emergency shared accommodation, which was incredibly cheap.

Depends where you live obviously but it is possible.

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