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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.

Original poster

Applying for UC and owning 2 flats

38 replies

Whiteminnowfish · 04/03/2022 11:36

Basically I am in a huge pickle. Stbxw has left me and dd.

I work part time and going through alot of stress with all this.

Stxw was abusive to me and dd.

I am currently trying to apply for UC and they said because we jointly own 2 flats it will affect how much money I receive - if any.

Both flats are in negative equity and we do not receive an income from them.

What will happen to me and my dd if I can't claim any help and can't keep a roof over our heads and can't pay bills.

I am also female.

I can't yet look for full time work as dd attends therapy once per week. I take her. Stxw has been abusive with dd and me and don't want to find a weekend job as don't want her having dd for sleep overs.

Please help as I am in an awful situation.

OP posts:
Original poster
Whiteminnowfish · 04/03/2022 11:45

Anyone been in this situation before?

OP posts:
Luckygreenduck · 04/03/2022 11:46

Could you sell one of the flats? Are you living in the other? Sorry your in this situation

Maxxxie · 04/03/2022 11:48

Sell a flat?
Why does DD having therapy once a week stop you working?

Original poster
Whiteminnowfish · 04/03/2022 11:49

@Luckygreenduck

Could you sell one of the flats? Are you living in the other? Sorry your in this situation
Would she need to agree?
OP posts:
istandwithukraine · 04/03/2022 11:50

You'd need to sell all the assets sorry - UC is available for claimants with one mortgaged property let alone 2

Also you'd be expected to work full time

istandwithukraine · 04/03/2022 11:50

*isnt

LizDoingTheCanCan · 04/03/2022 11:51

Why do you not get an income from the flats?

Can I ask how your ex has been abusive? Does she want overnight visits?

OldNeo · 04/03/2022 11:52

@Maxxxie

Sell a flat? Why does DD having therapy once a week stop you working?
Exactly…
LizDoingTheCanCan · 04/03/2022 11:53

UC isn't available for claimants with one mortgaged property let alone 2

That depends on the amount of equity in the properties, and the income they generate. Claimants that have a mortgage on their own home most certainly can claim UC.

Also you'd be expected to work full time

That depends on the age of the child.

CloseYourEyesAndSee · 04/03/2022 11:54

You need to talk to your UC person
Nobody here can tell you what they will decide. Do you have documented evidence of the abuse? Assuming your DD is school age you'll have to look for work around her school and use paid childcare to maximise your hours but if there is evidence of the abuse you will be considered to have special circumstances.
Regarding the assets - you need to evidence what equity you have and your income/outgoings and also what steps you are taking to sell or whatever. But you need to discuss that with them.
Best thing would be to serve notice on one set of tenants and move in if you can? But again, discuss that with UC.

CloseYourEyesAndSee · 04/03/2022 11:54

@istandwithukraine

You'd need to sell all the assets sorry - UC is available for claimants with one mortgaged property let alone 2

Also you'd be expected to work full time

UC is definitely available for claimants with mortgaged property
EvilPea · 04/03/2022 11:55

Have you spoken to a solicitor?. You need calm clear non emotive advice, your quite understandably in a head spin panic about everything.

Have you spoken to womens aid about any support you can get for you or your daughter

LittleOwl153 · 04/03/2022 11:57

Your DD is quite little so I don't think UC would expect you to work full time.

You said on a previous thread the flats were in negative equity - can you prove that? If they are can you get your name taken off them and hand them to stb-ew? Why is there no income from them?

You will need to get your full financial position clear and then just apply. Explain in detail the position with the flats- include the mortgage statements (the bank are required to give you them even if ex wife refuses if your name is on mortgage).

You are going to struggle with UC that's for sure. Speak to your DDs social worker - see what help they can give. Get a claim in the sooner the better - you can always add evidence and amend it

Original poster
Whiteminnowfish · 04/03/2022 11:58

@CloseYourEyesAndSee

You need to talk to your UC person Nobody here can tell you what they will decide. Do you have documented evidence of the abuse? Assuming your DD is school age you'll have to look for work around her school and use paid childcare to maximise your hours but if there is evidence of the abuse you will be considered to have special circumstances. Regarding the assets - you need to evidence what equity you have and your income/outgoings and also what steps you are taking to sell or whatever. But you need to discuss that with them. Best thing would be to serve notice on one set of tenants and move in if you can? But again, discuss that with UC.

I've got an appointment with an advisor next week. I just don't know what I will do if I can't get any help.

OP posts:
DoNotTouchTheWater · 04/03/2022 11:59

@istandwithukraine

You'd need to sell all the assets sorry - UC is available for claimants with one mortgaged property let alone 2

Also you'd be expected to work full time

UC is available to people with mortgaged properties. It’s just that there are limits on what housing costs can be claimed as part of it (nothing immediately, only a loan for interest after a certain amount of time, etc). You can even claim rent within UC for a limited period of time while an ex partner lives in a house you co-own.

Nor are you correct that the conditionality will insist on FT work. That depends on things like the age of the child.

The answer here is to tell UC about the situation and find out what is possible. And to see a solicitor to sort the divorce and financial settlement out quickly.

Original poster
Whiteminnowfish · 04/03/2022 12:00

@EvilPea

Have you spoken to a solicitor?. You need calm clear non emotive advice, your quite understandably in a head spin panic about everything.

Have you spoken to womens aid about any support you can get for you or your daughter

I am applying for Legal Aid. Sent documents in yesterday. Yes. My head is spinning and don't know what to do or think.

I am worried how I can pay the bills.

Dd attends therapy for past trauma, 1 hour away from where we live, on Friday afternoons. I can't change this as she needs this.

I don't have family who can help out while I work and don't want stxw having her for overnight stays

OP posts:
Original poster
Whiteminnowfish · 04/03/2022 12:02

@LittleOwl153

Your DD is quite little so I don't think UC would expect you to work full time.

You said on a previous thread the flats were in negative equity - can you prove that? If they are can you get your name taken off them and hand them to stb-ew? Why is there no income from them?

You will need to get your full financial position clear and then just apply. Explain in detail the position with the flats- include the mortgage statements (the bank are required to give you them even if ex wife refuses if your name is on mortgage).

You are going to struggle with UC that's for sure. Speak to your DDs social worker - see what help they can give. Get a claim in the sooner the better - you can always add evidence and amend it

The rent we receive from flats pays mortgage, CP12's and insurance. No profit after that

OP posts:
beautifullymad · 04/03/2022 12:08

My friend is in the same pickle.

They expect you to sell whichever one you don't live in. If you live in neither they expect you to sell both.

It's so hard as there is no ready money to help. They aren't concerned if it's in negative equity. They just need to tick that you are living in the only property you own and that you don't own any other properties.

I don't believe you can claim means tested benefits at all if you have more than one property, or, if you don't reside in your one property.

DoNotTouchTheWater · 04/03/2022 12:11

Where do you live if both flats are rented out?

The most obvious thing to do would be to each live in one of the flats at this point. And not claim housing costs within UC.

Are you certain the flats are in negative equity? Have you had them valued recently?

LizDoingTheCanCan · 04/03/2022 12:13

I don't believe you can claim means tested benefits at all if you have more than one property, or, if you don't reside in your one property.

That's not true. However the difficulty the OP is going to have is how the income from the flats is treated.

EvilPea · 04/03/2022 12:26

Ok @Whiteminnowfish
Deep breath. It will get better. One step at a time.
The flats are a bit of a stumbling block, but it can be sorted. I believe if you can prove abuse you can still get UC, however that’s one. I am unsure on two.

Can you move somewhere where you do have support? I can’t, so know that’s not an option for all.

If that’s not possible

You may be better living in one of the flats, Is that an option?

Hellorhighwater · 04/03/2022 12:26

I’ll come back when I’m not on my phone, but is it possible to negotiate a mortgage holiday/remortgage so that you can take the rent to live on, at least short term? Once you have property, everything gets more complicated.

Herja · 04/03/2022 12:29

Is the home you live in in negative equity?

IIRC, your soon to be ex is planning to move in to one of the flats. Could you and DD move in to the other and sell the current family home?

Original poster
Whiteminnowfish · 04/03/2022 12:37

@DoNotTouchTheWater

Where do you live if both flats are rented out?

The most obvious thing to do would be to each live in one of the flats at this point. And not claim housing costs within UC.

Are you certain the flats are in negative equity? Have you had them valued recently?

We also have a mortgaged marital home 😩 ohhhh,...I am in such a mess 😪

OP posts:
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