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HAVE I GOT THIS CORRECT??

(49 Posts)
Alwaysme123 Tue 02-Oct-12 12:04:14

Hello
I have decided to leave hubby....we have mortgage and children
I have enough money to find bond on a rented house,, so i can move out.
leaving husband in the house until it is sold.
Once i am in new rented accommodation i can claim for housing benefits and change any other benefits im already getting i.e child credits.
when the house is sold i am entiltled to half profits...
???.???
will i really be able to claim for housing benefits?
im scared tht i will move into rented house and be left with nothing and have to move back to house with hubby...

CogitoErgoSometimes Tue 02-Oct-12 12:15:19

You need to talk this through with a solicitor really. Ask them what is the best course of action. Are you being threatened that you are so keen to leave? Or would it be better if you set the divorce in motion, force the sale, got him to move out and let you and the DCs stay in the family home until it is sold?

HecateHarshPants Tue 02-Oct-12 12:18:56

No idea but I would find out whether the fact you half own a property would affect any HB.

Make an appointment to see the CAB

Alwaysme123 Tue 02-Oct-12 12:22:20

divorce isnt really on my mind at the moment.. just that our marriage hasnt really been a marriage for 5yrs or more and i have thought about leaving for a long time... there is no talk, no laughter, no fun, no nothing... just us sat watching tv, there has to be more out there even if i will be on my own.... he probably would move out if i insisted it but i couldnt pay the mortgage insurances etc on my own...

CogitoErgoSometimes Tue 02-Oct-12 12:25:53

Divorce is on your mind because you're thinking about rental bonds, benefit entitlement and house-sales. Like any other big change in life, do your research properly and get professional advice rather than guessing, making assumptions and getting the wrong end of the stick.

izzyizin Tue 02-Oct-12 12:30:24

If your marriage has broken down, is there any particular reason why you are opting to move out when it is likely that the more economical and less disruptive for the dc solution would be for your h to leave and, effectively, downsize into an apartment which may be what he will have to do if/when the marital home is sold?

In the normal course of events you can expect to receive 50% of any profit realised after sale of joint assets, but this percentage may be increased to take account of the dc living with you and it may be that remaining in the marital home until the youngest dc is 18 is a more financially viable proposition than your current plan to rent a house.

If you set up your own separate household at another address you can claim all/any allowances including housing benefit to which you are entitled, albeit that some may be subject to income, but before you commit to renting a property I would suggest you seek advice from a solicitor who specialises in divorce and family law and who offers a free half an hour initial consultation.

Alwaysme123 Tue 02-Oct-12 12:35:13

hmmm cogito thank you for telling me what is on my mind......
somebody else who wants to tell me what im thinking....
I AM NOT THINKING ABOUT DIVORCE, YES THAT TIME MAY WELL COME HOWEVER AT THE MOMENT I WANT TO GET OUT AND FIND SOMWHERE TO LIVE AND MAKE A BETTER LIFE FOR MYSELF AND MY CHILDREN.
i dont have to be divorced to do that.
FOR YOUR INFORMATION I HAVE DONE MY RESEARCH AND THAT IS WHY I AM QUESTIONING IS IT REALLY THAT SIMPLE.
did u get out the wrong side of the bed this morning??

Alwaysme123 Tue 02-Oct-12 12:42:42

thank you izzy, the fact that i may get more than half the profit from the house, had not been mentioned by anyone iv spoken too, because the children would be living with me.
i was wanting to put any profits into accounts for them when they older to go towards deposit for a car/collages university etc so this is somthing i can def look into,

Toughasoldboots Tue 02-Oct-12 12:47:03

I don't think that you could do that with any profit from the house sale. You would be expected to use that for housing costs after the sale.
Otherwise, lots of people could do that and claim benefits .

mummytime Tue 02-Oct-12 12:48:22

Go and talk to a solicitor, they are not just there for divorce. My mother never divorced my father, but certainly used solicitors to get it all legal. Also go and talk to the CAB.

Is there a reason you don't want the house? Is he liable to run up debts while you are still married?
If you get money in profit when the house sells, that money will count against any benefits you get. You would need proper legal advice to put this in the kids names, and it may still be seen as your money for another 7 or more years anyway. Please get proper advice.

fergoose Tue 02-Oct-12 12:50:07

If you have over £16K in savings you won't be entitled to housing benefit, so once house is sold any benefit entitlement could change.

izzyizin Tue 02-Oct-12 12:53:40

Is there any reason why you are not making more of a life for yourself while remaining in the marital home?

If your h is content to sit and watch the box night after night, it occurs to me that you have a built in babysitter should you wish to get out and about and pursue other interests

Depending on the ages of your dc it may be that if you can't afford babysitters and have no relatives/friends who can look after the dc in the evening/overnight, you'll find yourself sitting alone in rented accomodation night after night with only the box for company.

Have you talked to your h about your discontent? Would he be wllling to attend counselling sessions at Relate or similar with a view to establishing whether your marriage can be saved or to discuss ending it in a manner which will cause minimal upset to all concerned in the presence of a neutral party?

It seems to me that instead of using your imagination to while away the hours spent while the tv is constantly turned to 'on', you're best advised to turn the bloody thing off and talk to your h and also talk to a solicitor (as above), benefits agencies and/or CAB, to find out exactly what you will be entitled to claim if/when you separate.

Although divorce may not be on your mind at the moment, given the changes to Legal Aid entitlement in respect of divorce proceedings which will come into place in April of next year I woud suggest you think about it sooner rather than later.

seaofyou Tue 02-Oct-12 12:55:07

if you speak to your county council they will tell you....i think there is a 6-12 rule were they expect you to sell property? Then you have to pay the housing benifit back with sale from house if over something like 16K or buy somewhere else? Not sure but phone council to ask.

Portofino Tue 02-Oct-12 12:59:24

Did you mean to be so rude OP? I second the advice to speak to a solicitor - if you have a joint mortgage you probably will not be entitled to any Housing Benefit.

izzyizin Tue 02-Oct-12 13:01:49

Using caps is SHOUTING and it isn't necessary for you to shout here when you could be yelling at your h to buck his ideas up simply because people can't second-guess what 'research' you've undertaken in respect of leaving your marriage.

Malificence Tue 02-Oct-12 13:08:18

When my sister split from her husband, she had to pay full rent, even before the house was sold and she was only receiving incapacity benefit, if you are seen as hiding assets or intentionally depriving yourself of an income by trying to put money in the children's name , they will come down on you very hard and you could well be without housing benefit for a very long time, my sister was denied it for almost 5 years because she had put around £20k into a pension ( which she had been advised to do by her solicitor).
The moneysaving expert benefits forum will give you the bext advice, although you may not like what they tell you.

Alwaysme123 Tue 02-Oct-12 13:17:27

i dont want to use him as a babysitter and go out doing things... that would be awful for my kids... why would it be fair to just let them sit there with him at least with me there they get conversation and play or cooking etc..
i have asked for counselling and his words were " i aint going to no fucking counselling"
I dont have any money anyway to do anything because all that we earn goes on bills or paying for his loans/credit cards.
please dont think i havnt looked into any of this because i have and that is why i am asking if iv got it right.... the people i have spoken to all say that i could get rented accomodation and get help with my housing benefit etc but it just seems easy and i just thought i could come on here and you all maybe able to throw up somthing that i hadnt come across yet.
izzy you make me sound as if i just and watch tv,, believe me i have used my imagination to find the best solutions but he is a zombie, he doesnt care, he isnt well schooled, he cannot talk about anything without feeling that im having a go at him... i mean i cant even ask him if he wants a meal with us because he takes it like im trying to control him....
im going to work/sorting the house/money/praying my children are good at school all the normal thing mums have to do and im doing it all on my own even though im supposed to be married.

Alwaysme123 Tue 02-Oct-12 13:23:22

thank you for telling me about the profits from the house again this is somthing that i hadnt been told about.. im doubting whether the person iv spoken to has given me the correct information..... you are all throwing up things which have made me doubt what i have been informed about
thank you.
i did wonder if it was correct because as i say it did seem a little easy... and it was a proper home advice number.....
I have now just phoned the local council and im off to see them tomorrow..

dateandwait Tue 02-Oct-12 13:23:43

I have moved out of our marital home as I wanted to get the dc settled and not have to have them put up with people viewing their house the whole time. Our marital home was a little neglected and i couldnt afford to get imprvements done (central heating etc). We can't afford to get divorced so are waiting for the sale of the house to pay for the divorce. The dc are very settled in our new (centrally heated) new rented home while my ex lives in the house whilst it is up for sale. We have a joint mortgage.
I am able to claim housing benefit as I was advised to by the local council and was dependant on my income. I also get working and child tax credit.
Unfortunately I don't get any maintenence from my ex now as he lost his job, so please ensure you can afford your rent even if you ever have to go without maintenance.
I was also worried about claiming benefits whilst having some equity sitting in the house but I have been completely honest with the council and not had any problems, they basically don't want children living in poverty.
I have now increased my working hours and so may lose my housing benefit so ask your council what the threshold is as I think it's different in each area.
I was also expected to go on the housing list, but there are very few local authority houses available and so it is up to you to pay any extra for private rental.
You are not allowed to have more than the threshold of £6000 in your bank after selling the house and still claim benefit. If you do after the sale of the house, your benefit will stop until you are below the £6000 savings threshold again.
I'm not sure why people are giving you are hard time, I found really stressful and finding a solicitor to give you half an hour free is a bloody nightmare (in my area anyway). I found the cab helpful and they arranged a solicitor for half and hour for me, but the solicitors can't tell you about benefits, you need to speak to e housing department of your local council, they were really helpful in my case otherwise I never would have applied for arousing benefit but it's been a godsend finaincially.
Good luck.
X

squeakytoy Tue 02-Oct-12 13:24:28

I am fairly sure that you will not get housing benefit if you have simply decided to move out. You will still have a mortgage to pay half of too.

dateandwait Tue 02-Oct-12 13:27:22

*housing benefit........not arousing benefit......it really isn't arousing.
Incidentally I found it hard to rent privately as some landlords are against having "dhss" tenants.....even when I'm a professional. As I work part time (32 hours) I still needed a guarantor.
X

glitch Tue 02-Oct-12 13:29:48

Are you aware that if your DH moves out when you separate and you are eligible for income support, you may also be entitled to mortgage interest payments on the house.
This could enable you and your children to perhaps stay in your current home?

Alwaysme123 Tue 02-Oct-12 13:31:19

I would love to be able to tell him to buck his ideas up... but he works hard at a physical job.. he doesnt drink/smoke he doesnt go out or do anything much accept work and sleep......

dateandwait Tue 02-Oct-12 13:33:32

You are accountable for the mortgage......but you CAN claim for housing benefit and have a mortgage. My ex pays the mortgage. You are obviously financially liable should it go into arrears. Something I have the joy of dealing with at the moment. My ex can't afford the mortgage and it is going into arrears. I am still finaincially still jointly liable, although obviously I can't pay both rent and mortgage. Just something to consider.
Mortgage company have been understanding so far though.
Both the council and the mortgage company have accepted that our marriage has broken down and they don't expect us to live together if we don't want to
even if some mum netters do

Alwaysme123 Tue 02-Oct-12 13:38:33

Dateandwait thank you.... we also cannot do up our home for the last 2 yrs the wallpaper has been half on half off... xx tht has also been stressfull and i am dreading the winter have no idea how im going to pay for the electric..
Some of what i was told them was true.. im so looking forward to going tomorrow morning to find out whats what... it will be a relief i think from all these things going around and around.....

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