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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Dirvorce and finances

22 replies

Lucylocks3009 · 25/10/2020 21:21

Hi
my husband and I have separated, we have two children and have been married for 12 years. If we divorce (which is not what I want) I will come out with approx. £40,000 from the sale of the house. I do not work so if I put the money towards a house I could not afford to get a mortgage and make mortgage re payments, but if I wanted to rent a house for me and the children I would not be able to claim benefits because of the money from the house, Can anyone please offer advice on what I should do. Thank you.

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unicornparty · 25/10/2020 21:29

Are you able to get a job?

Lucylocks3009 · 25/10/2020 21:49

Hi
Well I have been suffering from depression for the past year and of course feel even worse because of my marriage situation, so I could not even consider working. I do sell on ebay but only make pocket money.

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Coffeeandcocopops · 25/10/2020 21:57

The only solution seems to be for you to get a job.

Lucylocks3009 · 25/10/2020 22:05

Not so easy especially the way things are with the current climate also I feel too unwell, I have recently been in hospital to be treated for depression.

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Firefliess · 25/10/2020 22:16

Depending where you live in the country you could look into shared ownership. Your £40k would need to be enough to buy a 25% (minimum) share - so could work if the cost of a house that's big enough is around £160k where your live. You pay rent on the remaining 75% but could claim housing benefit/universal credit to cover that. If your children are school aged you'll need to be looking for work (unless off sick) if you're going to claim any benefits though.

Leigh1975 · 25/10/2020 22:23

Have you paid any contributions in the last two tax years in May be worth checking out contribution based benefits such as new style esa if your not fit for work , also maybe look at claiming PIP if you endure mental health issues this is a job means tested benefit also ... yes your right your allowed .£6000 capital for income related benefits anything between £6000-£16000 they deducted £1 in every £250 per savings per week.. anything over 16000 you won't get anything x i

Lucylocks3009 · 25/10/2020 22:29

Hi
many thanks, it is something my mum mentioned earlier about shared ownership.
She wondered if she and my dad could buy a property with my £40k deposit and and then charge me rent, would I be able to claim housing benefit then.

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notapizzaeater · 25/10/2020 22:31

Dont think you can pay rent to your dad and get Hb.

ragged · 25/10/2020 22:32

You need to draw up a plan to becoming financially independent. Renting is probably the only path you have.

Coffeeandcocopops · 25/10/2020 22:42

If council feel that you gave £40k to your parents to buy a house so that you can claim benefits you will be investigated.

In my divorce I had to go to work full time. There was no alternative. This was on the advice of my solicitor.

FallonCarringtonWannabe · 25/10/2020 22:46

When did you last work?

MorningNinja · 25/10/2020 23:02

To keep it legal you've got 2 options.

  1. Use your £40k for rent and not work.
  1. Get a job and put the £40 down as a deposit for a property.

I have a feeling you'll take neither of those.

Lucylocks3009 · 25/10/2020 23:30

MorningNinja how patronising, if you knew what I have been through these last few months you would maybe not make such judgements.

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Firefliess · 25/10/2020 23:48

You can't claim housing benefit if you rent from a close relative. Housing associations do shared ownership though. You can pay rent to them and claim housing benefit

PicaK · 26/10/2020 09:36

Flowers that sounds rough.
What kind of house will your stbexh be able to get? With his salary/mortgage?
Because you should be able to move off on an equal footing.
Will the kids be staying with you?
Will he pay CMS.
Does the Dr know you are ill?
Can you claim pip?
There's a lot of stuff you could be checking finding out but I know that sometimes taking a shower can be an effort.
The CAB will help.
Ask your parents to help by setting up appointments etc. Making the first steps can be momentous but it does get easier I promise.

Lucylocks3009 · 26/10/2020 13:36

Many thanks PicaK, my husband said he would hopefully buy me out of our house and because he works shifts, working a few days on and a few days off, he is saying he would be able to have the children half the time, so he says he would not have to pay me any child maintenance. I have put in a claim for Pip but I am still waiting to here from them.
My parents are very supportive helping myself and the children.
It sounds as though you understand how I feel and I am sorry if you have been through the same and hope you are now keeping well.

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Lucylocks3009 · 26/10/2020 13:39

Thank you Leigh1975, I have put in a claim for Pip but still waiting to hear from them.
Thanks for the other info.

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Terrace58 · 26/10/2020 13:41

You may be entitled to more than 50% of the marital assets if you have been raising the children to facilitate his work. You would need to talk to a solicitor.

Could you move into your parents home to buy some time for you to get settled into employment?

movingonup20 · 26/10/2020 14:03

Shared ownership is the obvious way to avoid "loosing" your money but whether it's feasible depends on the house prices in your area. The rent element you can claim as part of your uc but only up to the local area amount you qualify for (2 bed if kids are under 10, 3 bed if boy/girl over 10). The only other option is to negotiate with your stbexh to keep the house if financially feasible until you can return to work. Unless you are on the esa element of uc you will be expected to work. I would try to book an appointment with a benefits specialist to look through all your options and obligations, depression in its self won't sign you off work generally and finding a job you can do will increase your options - some mortgage providers will take your maintenance into account so you could potentially get a standard mortgage if you work

Lucylocks3009 · 26/10/2020 16:23

Thank you movingonup20 for the information.

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notapizzaeater · 26/10/2020 21:22

Sometimes they still have to pay maint even if it's 50/50 - run it through the cms to check

Lucylocks3009 · 27/10/2020 18:28

Thank you notapizzaeter.

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