What rights does my friend have?

[Luna9]

My friend has separated from her partner; they never married, were together for 16 years and have one child together.

They have now separated as he was becoming abusive; they have 2 properties which are in my friend name; he is living in one and she in the other but he is no paying the mortgages of any of the properties nor giving any child maintenance; he does pay for the private school fees but nothing else.

My friend doesn't work; she has a lawyer but things don't see to be going anywhere; the lawyer has sent some letters to his lawyer but he is not replying.

What options/ rights does my friend have?

Oh yes, they do the same here, acts like an upfront payment/deposit. If you don't use the full amount, the remaining amount is returned to you.

I was fortunate that I had some savings, and no matter how much people say that money was thrown away in solicitors, I still believe it was money well spent. He would have left DS and I with absolutely nothing if I had not had a solicitor fighting my corner.

Thank you very much. This information is very useful. I do feel she and women in general seem to be alone in these situations; she has a child; no income, 2 mortgages and has been told she can't get any help because of the 2 properties on her name. I will ask her to look a the tax credits, mediators and shelter.

She definitely need a job and I agree the lawyer is a waste of money; she is going nowhere with the letters.

Yes, it is unusual (whether male or female) to have two mortgages and no income. Getting rid of one may well be a necessary step.

And she needs to get that straightened out as a matter of urgency, because she can't count on parents bailing her out for a second time.

Has she attempted to evict him?

What is the DC's current pattern of residency?

Remember Luna9, if your friend has no savings but property, it is untrue she cannot claim income support or tax credits, she will indeed be eligible. She has to however apply!

www.gov.uk/income-support/overview

www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-for-people-on-a-low-income-income-support/

www.gov.uk/child-tax-credit

www.entitledto.co.uk/

Thank you life; I will let my friend know and send her the links.

The child lives mainly with the mum
But sees the father on some weekends. She has not tried to evict him; it is quite a difficult situation I suppose; specially fur the child.

He has no legal right to remain living in the property. All she has given him is a "licence to occupy" which can be revoked at any time by telling him to get out.
Can she go round when he is at work and change the locks?

If the OP is not working, who is doing those mortgage payments?

I have a current CHILD TAX credit form in front of me. There are NO questions regarding how many properties you own. There is a question about "other income" and that is where you would normally put rent in from another property or from savings interest or shares. However, nothing about property.

I don't claim INCOME SUPPORT but I've scoured several links and none of them make any reference to inability to claim it, due to owning property, simply that any income properties generate must be counted as income and if that puts you above the income threshold, then no IS. Same goes for savings which are too high.
The means tested benefits I know where you would be prevented from claiming (unless a relative lives in all the properties you own as an example of exemption) are Housing Benefit and Council tax support.