What are my options in divorce/seperation?

[PeachTree22]

So I'm considering leaving my husband. I have already made the move out to my mum's for some space but am leaning far more towards leaving then staying.
We have a mortgage on a small property. Joint ownership. Each paid 50/50 for 5 years. I went done to part time work when our child was born so I haven't paid anything towards the mortgage or bills for the property for 2 years. However, I have fully supported myself in terms of personal bills and maintenance, I buy the food and I buy absolutely everything for our child. Even all bday/Chrismas presents so I'm not a scrounger by any means.

I basically don't know what the best thing to do is.
Whether it's to sell our flat and split 50/50. Then I'll have to see what money I have from the equity before I can go into private renting (where the money wouldn't last long unfortunately) My child isnt old enough for nursery funding and my job is a low earning job. I rely on family for free childcare 2 days a week to get by.

When the money runs out for private renting, would I be entitled to UC to help with the rent.
Or would I be entitled to nursery funding as a single mother so I can work 30 hours a week. Although my job still wouldn't pay enough to cover every bill to survive so would I still be entitled to something.

I don't think I could stay in our home as I can't expect husband to pay the mortgage. He will also need to find a way of supporting himself as he also is on a low wage after losing his job via the pandemic.

Any advice or insight into what I might be entitled too would appreciate greatly.

Just incase anyone asks, my marriage is toxic, my husband has been verbally abusive for years so it is definitely the best thing that I get out if I can. He has tried to change but unfortunately I just can't forgive and move on from the hurt he has caused

TIA

What are the assets including the equity in the property?

Don't know but sorry, it sounds hard

We have about £65,000 equity. No other assets or money really except a few thousand in savings. We would obviously have to pay all selling fees and obviously divorce fees will be paid out of that eventually x

Just because you have not physically paid the mortgage doesn’t mean you’ve not contributed. If you’ve bought all the food and child related stuff, that’s your contribution.
What you can claim in UC very much depends on how much equity you’ll get from the sale of the house, of which you should receive at least half.

@Soontobe60 Hi thankyou. Yes , sorry, that was the point I was getting at. I know that I may not have paid the mortgage as such but I have been making a fair contribution in another way.
The way I look at it, my husband has only been paying what it would cost him to live in the property on his own anyway. So I don't feel he has been having to support us as such.
So I know I will be entitled to half of the equity, but looking Into it, I don't think I'll be entitled to any UC with say about £20,000 in money (after all fees paid etc) so what will I be entitled too when that money runs out and I can't afford to pay private rent anymore x

Your savings have to be less than £16k before you can claim. Check here
benefits-calculator.turn2us.org.uk/AboutYou

Oh I see. So I wouldn't have to drop to nothing before I could apply for some help

Check out entitled to.

Do you have a pension? Does he? What state are they in?

I believe that with U/C you are allowed 6k savings with no impact and then it tapers until 16k. After 16k you lose entitlement.
So the good news is you can keep some. If you google it you can do the calculations as to the impact of keeping 10k or 15k. If you are put in the crazy situation of having to spend it think wisely. Obviously you will need to put down you deposit and buy a few bits. Could you pay six months rent upfront. Could you pay some nursery fees upfront. Book a holiday to recover. Can you buy a decent small car that might last you ten years but help you find more/better paid work.

However, if you stay in the house your share would be in the house. Im guessing DH can't afford to buy you out?

If your DC are living with you will you receive maintenance from you ex? That doesnt count against you for OC. Remember he will also be liable for childcare costs not just you as he needs them look after to work too. Don't forget single person council tax reduction. Can you get help with childcare costs on UC?

Will he be eligible for UC also?

Id do a budget. Outgoings for the month. So you know factually what you need coming in. And get some benefits advice.

Talk to a solicitor, find out what %of assets you can realistically expect, your starting point is definitely 50/50 and it could be more, given you have a young child and reduced your career prospects by going part time to bring up DC.

I read just yesterday that 10% deposit mortgages are being offered again by some lenders, is this something you could do with your share of the equity? Some lenders will take UC and child maintenence payments into account for affordability. Likewise, ask your existing mortgage provider if you could take on your mortgage by yourself. If they ask how will you make up the shortfall in your earnings once your child is old enough to no longer entitle you to UC and CM, tell them you'll go full time (they do ask this, even if your mortgage term will be long since expired by this time!)

If mortgage is out of the question, yes I think you'd be entitled to UC once you have spent all your equity on rent. My understanding you are actually able to claim UC even with the large amount of savings, as long as you reduce it to under £16k by a certain time frame (one year /6 months?)

Look on entitledto to see what help you could get. I think the 30 hrs free childcare is for children aged 2 with parents meeting certain criteria, I'm not sure exactly what they are.

Good luck, you're doing the right thing for yourself and your child, even if it is daunting in the beginning.

first because you sound so dazed by it all.
Then imagine me putting two hands on your shoulders and pushing you into a chair, with a nice cup of tea and saying Hold up Lady!!! You are moving too fast and you don't know enough yet.
You are entitled to far more than you think you are.
Divorce is supposed to be fair - that doesn't mean equal. Will your ex want 50/50 child care? If not there will be some degree of child maintenance he needs to pay you. That's separate to the divorce. You can start claiming that now.
You can separate officially right now. And apply for UC. You won't get money towards rent because you own a house.
Even if you go back and live in the flat with him you can still be separated - no cooking, cleaning, washing etc for him.
Ring CAB. Get advice about this practical stuff.
Then divorce.

@Palavah I don't have a pension. He does but I wouldn't want any of it.

@crossfitjunkie some amazing Info and advice. Thankyou.
Yes I could update my car as I use my car for work also. And I would need to buy a few bits of furniture etc to set us up.
No husband couldn't buy me out. Not on his lower wage now.
He would only pay a small amount of child maintenance cos he is involved with our child a fair bit. It wouldn't be 50/50 but probably atleast 70/30.
No he wouldn't be entitled to any benefits but he could easily use his money as a deposit to mortgage a 1 bedroom flat for the time being.

revenuebenefits.org.uk/universal-credit/guidance/entitlement-to-uc/capital-rules/. This is useful info about UC.

You're all very kind. Thankyou

I don't think I could get a mortgage on my own with my income.
If I went full time in order to try and get a mortgage i wouldnt be entitled to the free childcare for under 3's. My son has only just turned 2. Therefore couldn't work full time anyway as nursery fees are so high.
I'm also self employed so as you can imagine my last few tax returns haven't been exciting and that's what the mortgage company will ask as proof of my income and what they will lend me.
And the deposit wouldnt be enough even at 10%. Where I live, property prices are very high.

I don't care if you don't want his pension. You need to think of your kids.
You can offset it against other things eg more of the equity in the flat.

Another question. You have jumped straight
To divorce. You can separate without divorcing. Some people wait years for all sort of practical reasons.

Is there any chance you ex husband will cooperate. If he leave and moves into a one bed rental. And you stay in the family home with your DC. Could you agree to defer the sale until a particular date? Such as 3 year funding when you could increase hours, or starting primary? Is selling immediately in both of your best interests if neither can afford to buy a suitable property. If he moves out and you claim uc-he might not need to contribute as much as he currently does.

Like another post woooaaah. Slow down and think through all of your options.

Likewise if he stays in the family home and you go from your mums into rental. And you divorce him for your half down the line. Its a risk. But means you get all of your uc and dont have throw half of it away for in order to claim. But you know you will get that cash at some point down the line. He may be reluctant to hand it over at a later date and try and avoid a sale. But as you have already left he could do that if even you divorced immediately. Some people drag their heels for years if they are sitting pretty.

If he risks getting into debt get your name off things and keep checking your credit file so you know if he applies for things in your name.

For example. Co

In a divorce you would also claim for 50% of contents if you doesn't give you half.

Also don't forget that you will keep the child benefit and that is 150 every 4 weeks or so.

If you are claiming Universal Credit most of childcare costs are paid as part of this.

@crossfitjunkie
Thankyou. I didn't think I could claim UC or any benefit of I love in my mortgaged home. If It were that easy, wouldnt all couples be doing it.

For example, one partner could claim they have moved out and are sofa surfing or renting a room somewhere when actually they aren't, whilst the other partner falsely claims UC just to pay for their mortgage. They'd be laughing wouldn't they. Or am I being really dense here 😁

Also, I didn't think I could claim UC (or it would have a huge effect on how much I could claim) of I have a property still in my name that I could technically live in.
I thought it would be a case of either one of us buying the other out, or selling the property before I would be entitled to anything. Surely noone is going to give me money to rent somewhere whilst I've got £20-30k assets or equity sitting waiting for me to claim

Or again am I totally missing the point with something x

Please don't understimate the value of his pension. Do check but I think this doesn't count towards the £16k threshold

You could get more than half the equity or even nearly all the equity if he keeps the pension. Don’t underestimate or dismiss it.