Advice for a friend. Not sure if she can do this or not

[Assistingfriend]

So my friend is married and lives in a house her husband owned before they were married. They have 4 children ranged between 1 and 7

Her husband wants to seperate. But he will not divorce her. She wants to stay together but he doesn't. He has a few properties so obviously doesn't want to give half to her.

Anyway. She doesn't work as she gave up her career to raise children. Her name is not on any properties as they were bought before they even knew each other

She will need to claim universal credit as they are no longer together and he has moved out. He has said she can stay living in the house on the condition she pays rent... The problem is she would have to claim this on universal credit. Is this possible? Would they accept this as they are still married and he will not divorce. She doesn't have any savings to apply for divorce her self. Her name is not on his bank account either if that makes a difference. She's in a real state and has 4 children to think about. I don't know if he will give her maintenance etc or if he is going to be difficult

Tia

@ivfbeenbusy

She can apply to stay in the house until the kids are 18 BUT the house would always remain in his name, and the court would expect her to pay the bills/mortgage on it - they take a pretty dim view of people who don't/work work and won't just give her the house for free.

She's also have to move out when the kids are 18 and the house would revert to him

It's called Mesher Order. It doesn't have to be 18. It can be end of ft education, reaching x age etc.

God this makes me fume ! he owns four properties and wants the state to pay to house his kids ?? He needs a reality check. No UC wont pay !! She needs to get a good solictor and come out of the divorce with what a court orders is rightfully hers. It is quite likely then that she will have too much capital to even claim Uc at all.

Women's aid can often recommend good local solicitors in these situations

@ivfbeenbusy

She can apply to stay in the house until the kids are 18 BUT the house would always remain in his name, and the court would expect her to pay the bills/mortgage on it - they take a pretty dim view of people who don't/work work and won't just give her the house for free.

She's also have to move out when the kids are 18 and the house would revert to him

BUT the house would always remain in his name,

Not necessarily. The court can alter the beneficial interests as well as defer sale.

This is why it is dangerous for people to come on MN asking for legal advice, and equally as dangerous for people to offer advice when they're just guessing.

Look all this land registry stuff etc is irrelevant because the ONLY person who should be giving this woman advice is her solicitor.

That’s it. That’s the only thing @Assistingfriend should take from this thread.

Glad you’re looking into a solicitor. As soon as she’s engaged one, that’s IT. The solicitor does her/his job and you just be a shoulder to cry on.

Look all this land registry stuff etc is irrelevant

Registering Home Rights on the marital home isn't irrelevant. It is free, easy and important.