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Universal Credit without housing benefit(2 Posts)
My husband and I separated in March and he moved back in to live at his parents home.
We have 4 children in total, 3 of which are still living at home (one is over 18) 2 are classed as dependents.
My husband is 51 years old and earning around 50K and still paying for the mortgage and utilities. I am 49 years old and earn10K and I am paying for the food and other expenses for the children.
We are separated and have not undertaken any legal assistance or advice as of yet and are not looking to divorce immediately. We are very amicable and he has regular access to the children, he comes to the house to see them 3/4 times a week.
We both have new partners although nothing overly serious.
I am claiming universal credits and get reduced council tax fee's.
We have a mortgage on our property but don't have enough equity to sell the house and each buy a property and I wouldn't be able to get a mortgage on my salary alone.
I am just wondering if I should
a. Get some legal advice and a legal document drawn up with agreements listed.
b. Work out and how do I find out what happens if he decides to stop paying the mortgage and bills. Would the council have to house us? Can I get the answers if they are hypothetical?
c. Should I be looking at a spousal agreement and entitlement to pensions to secure my future? I have not pursued a career since having my 4 children.
Also I just feel so in the dark and naive about the whole thing. I have been trying to read up on everything but there's so much information and out situation doesn't really fit the normal circumstances.
Any advice from anyone who has been in a similar situation would be much appreciated.
You absolutely need to have something drawn up legally. I assume you will divorce and whilst things are amicable now they may not stay that way. It's called a Consent Order and lists who has what. If you want to have some of his pension this will all be agreed in the order.
You could pursue spousal maintenance but this may cease once you live with a new partner.
If its a joint mortgage you are both responsible for the repayments so both your credit ratings would be affected if it wasnt paid. If the house was repossessed you would probably be offered emergency accommodation.
Perhaps consider selling and renting where you could choose where to live and depending on your savings you may be entitled to benefits.
Many solicitors offer 30 mind free advice.
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