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Leaving the family home

(8 Posts)
WantsToLeave Wed 08-Jun-11 15:06:48

I want to seperate from my DP, I will have to leave the family home with my 2 DCs. We own this house jointly (not as tenants in common) and the mortgage is also in joint names.
Will I be able to apply for housing benefit if I go into a private rental even though I own a property?
Thank you.

cestlavielife Wed 08-Jun-11 15:20:01

try calling shelter for advice

sneezecakesmum Wed 08-Jun-11 21:55:05

Cant your soon to be ex P leave, it seems very unfair for you and 2 DCs to leave.

STIDW Wed 08-Jun-11 23:15:16

Unless there are safety issue the usual advice is to remain in the former matrimonial home until arrangements for the finances and children have been settled.

WantsToLeave Thu 09-Jun-11 10:03:20

I have asked him to leave, but he wont. I am worried that I might be trapped if I can't get HB, I have read that they class owning a home as an asset and may reduce any benefits as a result. If I can't afford to rent and he wont move out, I don't know what to do.

cestlavielife Thu 09-Jun-11 10:30:42

do you work? do you have a job? what are the issues making you leave? why wont he leave? is there abuse/domestic violence?

WantsToLeave Thu 09-Jun-11 11:41:47

I work for him doing the paperwork as he's self employed, but the wages go in the joint account, (I have no money of my own) I would not carry on working for him. I am not hopeful about my chances of getting a job in the real world, mainly due to childcare issues and also the fact there are really not many jobs around.
There is no violence, but he's not particularly nice to me and quite controlling. My local surestart do a CAB day so I am going to book an appointment there to see if they can help.

cestlavielife Thu 09-Jun-11 12:19:38

speak to womens aid and see if you can idenitfy whether in fact you are just leaving on a whim as it were (you both had enough of each other and agree mutually what needs to be done) or if there is nasty stuff going on whereby you have to leave and it is dangerous to stay.

have you discussed leaving with him? - you say he wont move out.
has he agreed to the separation? if not why not? what is his reasoning?

has he expressed a view about the residence of the chidlren or contact arrangments post-separation?

have you discussed maintenance and who would pay the mortgage when you leave?

have you discussed selling up eg him buying you out?

or are you unable to discuss these issues?

if you ahve to go to court to force him to buy you out (or to sell and split proceeds) it takes a long time... just at end of this process and have order for sale (i moved out to rented accomodation with dc but i work so no HB issues).

womens aid can help you if it is threatening situaiton. if you can discuss with him first then better - all issues - otherwise it is a nitemare a long haul - but if you have to leave you have to

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