Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Divorced and selling house** uncertainity**

24 replies

Ash81 · 09/09/2017 22:08

So Finally I'm absolutely divorced this month !
currently living in ye house with my three kids one being asd/ ADHD ..
The house is jointly owned and is currently on sale ... in currentky receiving all eligible benefits except housing benefit as I told veryhonestly the income support advisor at time of application that my ex pays mortgage and house is on sale ...
Now with house selling surely in next couple of months my anxiety level is high!

  1. Local council said I need to provide them with a completion date in order to be on the register .. ok I will do that!! But where will the put me n kids whilst our perm housing is sorted?
  2. I'm expecting to get around £22,000 fromthis sale.. but I have £5,000 Barclay loan and £2500 OD used up!! So £7,500 immediate loan that I will pay back from the sale..
I'm worried as someone told me I won't get housing benefit n income support too as I will have £22,000 from the sale 😥😥😥 I will be left with £15,000 tbh Will they ask me to pay full rent? I will spend more on once house is sorted as to buy new furniture kitchen good etc... Pls pls help me if someone has ho e through same dilemma
OP posts:
Ash81 · 10/09/2017 14:48

Any one pls??

OP posts:
combatbarbie · 10/09/2017 15:03

Pretty sure your allowed £16,000 in savings when claiming benefits.

gingeristhenewblack43 · 10/09/2017 15:08

The savings cap is different depending on what benefits you claim. You'd be best off having a look online or speaking to someone from the CAB.

PaintingByNumbers · 10/09/2017 15:12

You need to check this properly online as the benefits cap on savings has specific exemptions for things like money from a housesale, or it used to. Dont just believe what someone says about the 16k limit, there are exceptions
Eg
www.manchester.gov.uk/info/500180/housing_benefit/4265/how_savings_investments_and_property_affect_your_housing_benefit_and_council_tax_support/4

PaintingByNumbers · 10/09/2017 15:14

Its complicated, and yes, you might well end up using up savings first, especially if not buying again, but check it out very carefully first

Ash81 · 10/09/2017 15:53

Thanks everyone who has responded here . Much appreciated.
I'm not able to work as I look after my disabled child and I therefore won't be able to buy a house anywhere even in far future...
I really worried as it seems they will ask me to pay full rent till I have exhausted my house money? 😳

Also any comments on where the council keeps families when they are on register and waiting for bidding to be successful?

Thanks again xxx

OP posts:
PaintingByNumbers · 10/09/2017 15:55

Is selling the only option?

littlemisssweetness · 10/09/2017 15:57

I'm not entirely sure how it works in the uk but can you not get an order from the court to allow you to continue living there rather then selling it

Mouikey · 10/09/2017 16:09

Why not call your housing department at the local council tomorrow and ask what the position is, what happens when and importantly when you can apply to go on the list and average wait times.

gobbynorthernbird · 10/09/2017 16:13

I don't understand why you wouldn't pay your own rent if you have thousands in cash in the bank.

SilverySurfer · 10/09/2017 16:19

Me neither Gobby

KanielOutis · 10/09/2017 16:31

Have you had legal advice? It isn't a fair split if ExH share will allow him to start again, and yours will be used up before you can claim benefits. His share is worth a lot more in real terms. Why can't you stay in the house until the children are grown and sell then? You may then be back in a position to use your share as a substantial deposit towards your own place.

EezerGoode · 10/09/2017 16:37

I think by law he can't make you sell the house till the youngest is 18.. personally I would refuse to move.let him take you to court to force the sale,and a judge will say he has to continue to pay it till the youngest turns 18.. that's my understanding anyway

RaspberryRuffless · 10/09/2017 16:39

What do you mean by "worried they'll ask me to pay full rent"? Surely if you've got £15k left over, you'll have enough to pay rent?

julesnbump · 10/09/2017 16:43

You'll need to check with the council regarding housing benefit, with my council if you have over £6000 in savings then you're not entitled to housing benefit.

Ash81 · 10/09/2017 16:45

Gobby, wish I could spend all and I will as I have debts to clear and have to raise three kids . EVEN with maintence there are things which I am aware will start fainting from ex mind and kids university and all be my responsibility ...I got three kids .

Everyone else thanks for lovely responses I'm feeling a bit less nervous
I want to sell rather then live in the house because to many family and friends ex been saying that I'm just enjoying in the houses and he pays mortgage! I am of strong view that if I have divorced I shall disconnect all links with ex, children are one strong link for rest of life ( that too isn't easy). ...
I just want to be away from that abusive relationship /emotional stuff which had lead to this divorce.
Some of you may not agree but really it's to hard to even hear one thing from ex! I may go back to work but that not in near future

Thanks everyone for the concerns and suggestions
Such a lovely group of people we have here xx

OP posts:
gobbynorthernbird · 10/09/2017 16:58

OP, I understand that you have kids. I'm not understanding why you think you shouldn't pay rent. The most important thing is that your children have a roof over their heads, why do you think you can get that paid for when you have £15K?

LakieLady · 10/09/2017 17:01

Apologies for the length of this, but it's complex!

Capital from a house sale can be disregarded for a year, but only when it is to be used to buy another home.

When you have capital of over £6,000, they deduct £1 pw from housing benefit for every £250 or part thereof from £6,000-£15,999. At £16,000, you get no housing benefit at all. So, if you're left with £15,000 after clearing your debts, they'd deduct £36 pw from your housing benefit (£15-£6k = £9k/250 = 36).

However, as you won't be in work, I'm guessing you'll either be on income support or claiming carer's allowance plus income support (around £34-35). The tariff income at £15k will wipe out your entitlement to income support, but you'll only lose a tiny bit of housing benefit. As your savings dwindle, and you become entitled to income support, no matter how small the amount, you'll get full housing benefit, unless you're benefit capped.

If you don't get DLA for your SN child, your benefits will be capped. If so, your total benefit entitlement, including your housing benefit, will be restricted to £350pw (more if you're in London). Anything above this will be deducted from your housing benefit. There may be an exemption for 39 weeks, eg if your ex has worked for the last year.

Many of the families I support are left with very little to live on after rent, because a 3 bed house in my area is around £250 pw.

Don't go and blow loads of money though. If the council (or the DWP) think you've deliberately spent funds to make yourself eligible for benefit, or increase the amount you get, they can treat you as though still have the money and reduce or withhold benefits entirely.

With regard to the housing register, anyone can be on the register, as long as they meet the residence qualification (this varies, but 2 years residence in the council's area is fairly usual). Whether they will decide they have a statutory duty to help you is another matter.

I live in an area where the housing shortage is pretty bad. They apply the homelessness regs very strictly. Here, if someone had consented to the family home being sold as part of a divorce settlement, there is a real risk that they would regard them as intentionally homeless and decline to help. If they hadn't consented, but the court had ordered the sale regardless, that would be ok.

Anyone with £15k would be told that they have enough money to go and rent somewhere privately!

In this area, emergency accommodation for homeless families is sometimes a room in a b&b initially, but families are often immediately placed in a flat or house that is used for long-term temporary accommodation. This could be a property that is leased from a private landlord. They try and get families with children out of b&b as soon as possible.

If they accept a duty under homelessness, they are only obliged to offer you one property. As long as the offer is reasonable, ie big enough and affordable, they have discharged their duty. Having to change the kids' schools, being too far from family etc does not make an offer unreasonable.

You might want to discuss this with the homelessness officer at your district/borough council before you exchange contracts on the house sale. Hopefully, they will be more flexible than the council in the area where I work.

RaspberryRuffless · 10/09/2017 17:06

Just use your £15k to cover rent, raise the kids, buy things you need for the new house. Then once your money starts running out, put in a claim for housing benefit. Keep your receipts for what you buy in case you need to prove you didn't waste the money or whatever to claim benefit.

Ash81 · 10/09/2017 17:50

Gobby, read again I said " full rent"... and my worry is around the amount I will be left and once some benefits will be stopped when I will let them know about sale, I know it's going to be very hard... my question is relating to only "full rent" . ATM I'm eligible for housing benefit too if my ex stops paying and I can easily live in same house and have all benefits in my favour - it's not that I will have a better life if I sell my house ....I feel it's too I kind of you to just keep commenting without realising the pain I'm going through and the uncertainty that my future holds.

*lakielady

OMG! What a lovely detailed and professional
Response - I'm so relieved .... that was the response I was looking for..
I get CA for my child and currently I receive IS ( but not HB as I told IS advisor I'm not applying as ExH pays currently)

My council is also so much into housing crises it's not easy to get on register and they just asked me to give them completion date and then they will let me on the register ( they haven't allowed me on register as currently I'm owner occupier) however I meet all criteria for being on register even when I contacted them early this year when exH n I were under one roof and had so many problems and divorce going on they dint accept it as "enough" to be on register.

Looking at your response I can see that I won't be eligible for IS but some part HB? Is that correct?
I'm eligible for 3 bed and LH rate is about £128 a week I'm in Midlands

I will have £15k after paying debts n OD to banks and that too immediately after sale.
So just wanted to see my financial position

Thanks so much for your help

OP posts:
LakieLady · 10/09/2017 20:17

You won't be able to get HB for the house you're currently living in, as you're not liable for rent - you own it!

You could get the mortgage interest (or a fair chunk of it) paid by IS, but rules on this have changed in the last couple of years and I believe it's now a loan (it's not something I come across much in my job - I've supported one owner-occupier in 10 years).

At least you don't have to worry about the benefit cap.

The LHA for a 3-bed where you live is £30 a week less than the rate for a one-bed here, and I'm 50+ miles from London. Just shows how crazy housing costs are in the south-east.

LakieLady · 10/09/2017 20:23

Sorry, meant to add, you should still get full HB when you're renting.

Your income support should be around £45 pw, so a tariff income of £36 would leave you with £9 of IS.

If you have to rent privately, you could use some of your capital to pay 6 or even 12 months rent upfront, which would make it easier to find somewhere. Then you'd get more IS. A lot of people do this, as landlords/agents are much more inclined to let to people on benefits if they pay a big wedge upfront.

PaintingByNumbers · 10/09/2017 20:36

What happens if you say you are going to buy a house then change your mind a year later? I bet nothing happens, and they just start counting the capital from that point. Might be worth asking.

missymayhemsmum · 10/09/2017 21:49

OP, have you looked into the possibility of shared ownership? Depending where you live you may be able to get a shared ownership property where you own a % and pay rent on the rest.

Take legal advice before the sale goes through, if you are seen to have voluntarily sold the house you may be considered to be voluntarily homeless. private renting on benefits with a disabled child is the pits, you can end up moving every 6 months to a year ad will struggle to find places. If you can cling on to the house it may be better, even at a cost to your pride.

New posts on this thread. Refresh page
Swipe left for the next trending thread