Please help me work out how I can leave DH.

Slayduggee · 17/11/2021 11:06

How old is DC? How long left on your Uni course? Are you safe at home? Do you need to leave now?

Slayduggee · 17/11/2021 11:08

Would it be an option to buy a shared ownership property with the proceeds of the divorce? Then claim UC to pay the rent on the rented portion? I don’t know if this is an option with UC?

ObnoxiousFeminist · 17/11/2021 11:10

UC don’t always class proceeds from divorce as savings - if it’s enough for a deposit etc on a new house, they tend to ignore it.

Why do you want to sell? You should be able to stay in the MH until your DC is 18.

LittleOwl153 · 17/11/2021 11:14

Clearly you would be better NOT to sell the house currently. What does your DH think - is he aware of your plans? Is there anywhere either of you can live (parents etc) until you finish your course?

Assuming you don't go for 50/50 with your child, you might be able to push to remain in the house until your child is 18 - however I think you would need to be able to cover the mortgage for that to be reasonable.

Original poster

AnnieLande · 17/11/2021 11:14

I'm only in my first year but I absolutely love it. DC is 3. Starting School next Sept.

We aren't married. Just have a joint mortgage.

I want to sell because I can't afford to stay. UC won't help with mortgage will they. Only rent. If I sell then I can free up the money from the house.

OP posts:

Original poster

AnnieLande · 17/11/2021 11:15

Sorry, shouldn't have called him DH. It's DP.

OP posts:

Slayduggee · 17/11/2021 11:17

When you and DP bought the house did you specify who owns what percentage or if you paid X amount of money in you would get X out?

Palavah · 17/11/2021 11:18

Do you have a pension?

Somethingsnappy · 17/11/2021 11:40

Is that right that UC won't help with a mortgage? I thought they would. Perhaps someone else can clarify?

Puddlesandbubbles · 17/11/2021 11:41

@ObnoxiousFeminist

UC don’t always class proceeds from divorce as savings - if it’s enough for a deposit etc on a new house, they tend to ignore it.

Why do you want to sell? You should be able to stay in the MH until your DC is 18.

This is wrong. Universal Credit will absolutely take any capital you receive from a house sale/divorce as capital. They will also include it if you move out before selling.

CokeZeroAddiction · 17/11/2021 11:42

Yes you’re right.

Puddlesandbubbles · 17/11/2021 11:44

@Somethingsnappy

Is that right that UC won't help with a mortgage? I thought they would. Perhaps someone else can clarify?

Universal Credit won't help towards a mortgage. There is support available to cover interest on mortgages, but this is a loan not a benefit. It's seperate to UC but should be signposted to.

arethereanyleftatall · 17/11/2021 11:49

'You should be able to stay in your mh until your dc is 18'

This is not necessarily true at all. How can it be? It depends entirely on the finances of the 'couple'. You could stay, IF your joint finances allow you to stay plus your ex to live somewhere too. If staying means he lives in a cardboard box, then obviously you can't - you'd have to sell up and get two cheaper properties.

TatianaBis · 17/11/2021 11:55

Unfortunately I think if you want to leave you will need to work to pay the rent. Can you go part time on your uni course?

Pinkdelight3 · 17/11/2021 12:02

Does you DP want to sell or might he be able to buy you out? Either way, I believe you'd be living off the money from selling/being bought out of the house until it ran down to a low enough level to need/qualify for UC. It sounds like you'll have a decent amount to live on though, with that and the part-time job. Enough to get you through uni and then presumably your degree will help you to earn more and get a mortgage again, should you want one.

lastqueenofscotland · 17/11/2021 12:06

Will your degree lead to easily obtaining a better salary or is it more for interest sake?
If the latter it may be better to return to work and resume studying when I’m a better financial place. Especially as your not married your DP won’t need to split much with you and just pay CM.

AnotherEmma · 17/11/2021 12:51

Hi OP. There is some incorrect advice on this thread. I advise you to contact your local Citizens Advice for advice you can be confident is correct. I work for Citizens Advice but don't take my word for it, do get advice via the proper channels.

If you sell the house, assuming you split the equity 50-50, you'll have about £60k. This will be ignored (for benefits) for up to 6 months if you intend to buy another home. [Source: www.entitledto.co.uk/help/savings]
My advice would be to look for a shared ownership property if you can, then you could use the £60k for the portion that you own, and claim UC housing element to cover the rent. (Yes, you can do this.)

The rules about claiming UC when you're a student are slightly complicated. Do you get any student grants or loans?

Remember that your partner will have to pay you child maintenance (assuming you'll be the resident parent). The legal minimum depends on his salary and the number of overnights he'll have with the child.
www.gov.uk/calculate-child-maintenance

AnotherEmma · 17/11/2021 12:51

Gah, link fail. Should be www.entitledto.co.uk/help/savings

AnotherEmma · 17/11/2021 13:00

Also see www.entitledto.co.uk/help/shared-ownership

suspiria777 · 17/11/2021 13:11

I wanted to sell the house and rent somewhere. But I'm aware that I won't get UC if I have the money from the house. Is my only option to just live on it until it runs out and then switch to UC?

Of course that's not your only option: you could get a job like everybody else.

Pinkdelight3 · 17/11/2021 13:12

Thanks AnotherEmma - advice was based on friends who have been in similar situations but you're right, they weren't in a position to 'intend to buy another home' within six months and I assumed OP wasn't either with no income, but perhaps you're right and she lives somewhere where that could be viable with a SO flat and a small wage. Hope so as it sounds like a great option. Either way, the equity should make leaving the DP possible and put her in a better position than many. Good luck with it OP!

Lasair · 17/11/2021 13:26

Don’t just waste the I guess around 50k that would be very stupid. I’m sure there is away around it, that could be used as a house deposit when you’re ready!

Puddlesandbubbles · 17/11/2021 13:33

[quote AnotherEmma]Hi OP. There is some incorrect advice on this thread. I advise you to contact your local Citizens Advice for advice you can be confident is correct. I work for Citizens Advice but don't take my word for it, do get advice via the proper channels.

If you sell the house, assuming you split the equity 50-50, you'll have about £60k. This will be ignored (for benefits) for up to 6 months if you intend to buy another home. [Source: www.entitledto.co.uk/help/savings]
My advice would be to look for a shared ownership property if you can, then you could use the £60k for the portion that you own, and claim UC housing element to cover the rent. (Yes, you can do this.)

The rules about claiming UC when you're a student are slightly complicated. Do you get any student grants or loans?

Remember that your partner will have to pay you child maintenance (assuming you'll be the resident parent). The legal minimum depends on his salary and the number of overnights he'll have with the child.
www.gov.uk/calculate-child-maintenance[/quote]
I've just double checked the UC regulations and capital held from the sale of a property where you are intending to purchase another property is not disregarded. (Schedule 10 of the UC regs). Your property will be disregarded if you are actively trying to sell, but once sold the capital will be included in your assessment.

It is disregarded under HB regs and it seems the entitled to page is a bit misleading.

As you are a student with dependant children, you will be eligible for UC, but grants and loans will be taken into consideration (there are some small disregards for books and travel). Tuition loans are not included.

This must be a really difficult time for you OP. I would speak to citizens advice or someone at your uni who can go through all your options and look at your specific circumstances.

AnotherEmma · 17/11/2021 13:54

@Puddlesandbubbles

Amount to be used to purchase premises
H2119 Where a person has received an amount within the past 6 months which is to be used to purchase premises that the person intend to occupy as their home, that amount can be disregarded from the calculation of that person’s capital where it

is attributable to the proceeds of the sale of premises formerly occupied as their home or 2. has been deposited with a housing association (see H2045) or
is a grant made to the person for the sole purpose of purchasing a home1.

From assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/932331/admh2.pdf (pg 21)

AnotherEmma · 17/11/2021 13:56

Also see www.turn2us.org.uk/Jargon-buster/Disregarded-Property