If I move out of the marital (owned) home into a rental property, can I claim the housing allowance part of UC?

[MyVIsForVendetta]

Say if for example ex H is refusing to move out but the marriage is over.

And while I fight/sell the house I need to get me and the kids out.

Can I claim the housing allowance part of UC while I rent until the property sells and I have equity to buy
Or would they count my marital home as capital and give me nothing?

Ive searched all over the internet and can’t quite get a clear answer for my situation.

Has anyone experienced this?

i was in a similar position 14yrs ago i phoned the council and they said no as i was adaquetlley housed,thank god my ex moved out 6 wks later we lived in a 3 bed me in one ex in 2 boys in 3rd bedroom and i was on income support and tax credit and paying a mortgage but was looking at housing , benefit

might be differrent for you
good luck

I had to pay private rent for 12 years with no benefits as my ex was living in our house and we couldn’t sell it. He finally bought me out two years ago.

Yes you can. As long as you are taking steps to realise your share of the capital, so initiating divorce proceedings and sale of the property, then uc will disregard your interest in it. Once it's sold they will also disregard your share of the capital for a period of time if you are using it to purchase a new home, it's usually 6 months for that stage.

Yes you can if it is the former family home and you are taking steps to sell it. This disregard of the property normally lasts for 6 months but can be extended sometimes.

I think it is disregarded once it's listed as for sale.

Thank you. I found the answer on Shelter, in case anyone googles and finds this thread.

I have 6 months grace while the house sells in which I can claim UC. Then when the house sells I have 6 months grace again as long as I’m genuinely selling the house and presumably can prove this.

Hi im in this exact same situation at the momen ...
How do I go about applying , as when I tried to apply I have to put in my value of my house ....

I literally just applied for UC and added the housing element.

We are coming up for 6 months now, house hasn’t sold so we are going to have to beg for an extension.

You explain your situation in the Any Other Information section of the application form. They may want to interview about it. It was fine for me 13 years ago. Also we didn't sell the house, he raised enough to buy me out, and HB (as it was then) continued whilst we were in court.