No Housing Benefit after 6 months?

[OinkOinkOink]

I have had a CAB appointment this morning to work out my options re: either staying in the family home (and him leaving) or going with my 2 kids into rented accommodation. The issue is that he won't leave home easily and so, rather than having a massive shouting in the street showdown, I thought I might plan quietly to go. Or so I thought...

The CAB told me today that because our house is mortgaged (in his name only) I will only get up to 6 months Housing Benefit. Apparently the house HAS to be sold and the equity used up. Seems so unfair :-( What if it took longer than 6 months to sell?!

Is this really true?

I recently had to support someone with this, she had to prove she was doing all she could to sell and it was fine even though it took longer and there were probs the other side.
I will see if I can dig out HB regs at work tomorrow.

Thank you.
Really upset that my plan to move into rented will only be a temporary option... I had thought that because the house is in his name only I'd be able to get HB and rent somewhere.
:-(

Are you married ? If so you are entitled to half the equity and any other assets.

If your name isn't on you just leave. You don't own any equity in it. Are you married to him?

It doesn't matter that it's in just his name if you are married, it's a joint asset.

It is possible to get the six months' extended, but you'll be on borrowed time after that, so it's certainly not stress free. You'd also need to prove that the house was up for sale, and you're making an effort to sell it, etc.

Have you found out how much rent you'll be entitled too? If it's private, I believe it'll be LHA, and it tends to be quite low. You'd also need to find a landlord who can accept benefits tenants, which seem to be few and far between for insurance reasons.

Have you had any legal advice on whether you have a right to stay in the house and ask him to leave?

Sorry I gave really shit advice as was skim reading while cooking dinner, I did not see it was in his name only
In that case I don't see why that would be as the asset is not in your name.
If I was you I would get a free initial appt with solicitor to check, I work supporting people and we sometimes send them to CAB and they are great however dont always give the right advise.
I have never dealt with someone in your circs only when house was in both names, and it was never a problem getting the HB.

I'm assuming they aren't married as the op doesn't say they are.

Yes we are married but the mortgage is just in his name.

Would rather not have to sell house immediately (ie: within 6 months). Chances are a divorce will take about year and I may have a better paid job by then, so then I won't have to eat into the equity too much each month when I loose HB.

Mads - am I reading this correctly - HB given to wife even if the mortgage in BOTH names?

Legal advice is that we BOTH have a right to stay in the house. He's not abusive or violent. Just very annoying and won't accept it's over. He is still trying desperately to keep our marriage together (actually having his cake and eating it). In case you are wondering, he's had an on/off affair with the same woman for about six years and I'm at the end of my tether with it.

If you are married it does not matter whose name things are in as on divorce the debts and assets no matter whose name they are in are divided and you might be entitled to 50% or even more if you earn less than he does of the equity in the house so that is your entitlement the state does not pay you as you have a lot of capital. So one solution is move back home and quickly get a divorce agreed and the finances agreed. We lived together right through to decree absolute, remortgaged, transfer of house into my name and payment of huge lump sum to him - only then could he be forced to move and he did immediately that was all completed.

I haven't moved - still at home. He won't move out...

I know it's hard. My ex would not move out and why should he when it's his home. I could afford to remortgage to pay him off and he could not afford to do that so he was the one who had to move and I stayed put. He got enough to buy an unmortgaged detached house and got all my savings and shares and I took on a massive mortgage and obligation to keep the 5 children. Worth it to be rid of him.

Unfortunately Greengrow I have no savings and I only earn about £10,000 a year with two part time jobs. He earns £50,000. I could not afford our mortgage on my own.

He started the affair... So he should leave if the Housing Benefit would only be temporary.

My only option is to keep working on him (making him realise it is over) and perhaps get his family to help with that too. There is no future in this marriage - life is miserable :-(

You need to start divorce proceedings and get into mediation. A good mediator can help you sort out the right housing solutions for you going forward. That might mean him leaving first, and you staying until house is sold, for example.

If he's reluctant to leave you could do what I did - we put house on market, then I had to wait it out until we had an offer and contracts exchanged and then I moved out - I did this in the March of the year I got divorced, completion was in August, so I got HB for 5 months until the equity came through.

Surely divorce proceedings will sort this out eventually? You file for divorce and the judge will decide who gets the house or what happens to it. Could you buy him out if pushed?

I don't think you'd be able to claim unless the house was on the market. At least around here, you are only able to claim if the house is for sale, and for only six months.

Has he suggested anything?

It's hard, but I'd start divorce proceedings on him and stay in the house until it's worked out what will happen from a legal standpoint.