Will I be able to claim benefits before a divorce/settlement?

[Frecklesandspecs]

My situation is that I'm leaving with three children. He is planning on selling our house. I'm going to rent privately (my mum is helping me out) but as I have 3 under 6 I've not worked for 5 years or so.

I'm freaking out now wondering how I'll pay for everything if I can't get benefits. We won't be divorced just yet but I guess there will be a settlement further down the line.

Anyway we bought our house but I'm not on the deeds or mortgagee.
But does that still mean I have an interest in the property and I'll have to declare it etc?

I'm worried I wont be entitled to anything when I don't actually have anything iykwim? (at least for the time being)

I claimed benefits when I first left. I had to jump through some hoops regarding housing benefit because technically I owned a £250K house, but that was all sorted with some discussion (I think I may have given them contact details for my divorce solicitor but they never checked).

WARNING - housing benefit will cease after 6 months so try and sort out an interim financial agreement with the option to change it if the house is not sold within six months.

As you were married I believe you do have a claim on the property.

Really Rainbow? That's not great. Our house is worth roughly the same. Does it stop 6 months after a divorce or a separation? Sorry, head is a bit confuddled!

6 months from when you first claim. I think (iirc) if you can prove it's on the market they will extend. If you're on the ball, you have the proof and you get the new claim in you should be OK. I had no problems with any other benefits.

Why is the plan for you to leave? Have you worked out how much he will be paying you in maintenance? You'll get tax credits on top of this. The value of your equity in your home won't be counted against your tax credits as long as you live in it.

One, because I have no family or friends around me here Ruddy (moved for his work) He did say he would move out and we could stay but we couldn't afford to pay for two places (him paying mortgage and a rent) I haven't worked out exactly ruddy. I'll have to check it again.

You need to get legal advice about the whole thing! See a solicitor (if money is tight you can at least get an initial 30min consultation for free) and talk to the CAB.

Use the CMS calculator to work out child maintenance. As you're not working you should also be able awarded spousal maintenance until the final settlement. You may be expected to provide proof that you are seeking employment, but you are only expected to fulfill JSA requirements so part time would be acceptable (depending on ages of children).

... be able awarded?

Should read "... be able to claim/be awarded..."

You probably need a separation agreement until the final divorce goes through (which could take ages). The solicitor will advise on that.

Thank you, one of my mum'z friends who is a family solicitor has said I can ring her tomorrow which will help.