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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.

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:
Whiteminnowfish · 04/03/2022 12:39

@Herja

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?

Our martial home has about 100k equity in it.

Stxw is going to move to one of her companies properties- it's mortgage free!

OP posts:
Whiteminnowfish · 04/03/2022 12:41

@EvilPea

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?

Our marital home has a £200 a month mortgage. Flats are around £350 per month mortgage, interest only

😪🥺

OP posts:
NameChanger45465465 · 04/03/2022 12:58

I would offer her the flats and you keep the house.
Or sell all 3 properties, pay debts and split what's left (depending on whether they are in joint names)

Get a part time job. - having a commitment one day a week doesn't stop you working on the other days

You have said may times that you don't want your child having sleepovers, is EXW a legal parent to the child? This is hugely relevant with regard to CMS and Contact.

Viviennemary · 04/03/2022 13:02

You are very unlikely to receive UC if you own two properties. AFAIK.

LawnFever · 04/03/2022 13:03

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.

If that’s fixed every week you can still look for part time work.

LawnFever · 04/03/2022 13:07

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

If it pays the mortgage you don’t have no income from the flats.

What’s CP12s?

Who is going to stay in the house that the mortgage is covered on? Why can’t you & dd stay there & your ex lives elsewhere?

Whiteminnowfish · 04/03/2022 13:09

@NameChanger45465465

I would offer her the flats and you keep the house. Or sell all 3 properties, pay debts and split what's left (depending on whether they are in joint names)

Get a part time job. - having a commitment one day a week doesn't stop you working on the other days

You have said may times that you don't want your child having sleepovers, is EXW a legal parent to the child? This is hugely relevant with regard to CMS and Contact.

I currently work part time.

Yes. She is also the legal parent

OP posts:
Whiteminnowfish · 04/03/2022 13:09

@LawnFever

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.

If that’s fixed every week you can still look for part time work.

I work part time

OP posts:
CloseYourEyesAndSee · 04/03/2022 13:10

You'll be expected to sort out your finances and assets but not overnight. Don't panic. You'll need to set out a plan and how you are going to do it.

Whiteminnowfish · 04/03/2022 13:10

@LawnFever

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

If it pays the mortgage you don’t have no income from the flats.

What’s CP12s?

Who is going to stay in the house that the mortgage is covered on? Why can’t you & dd stay there & your ex lives elsewhere?

CP12 are legal gas checks on boiler every LL legal has to have

OP posts:
LawnFever · 04/03/2022 13:12

Our marital home has a £200 a month mortgage. Flats are around £350 per month mortgage, interest only

How much rent do you get from the two flats?

Mortgage + £200 for the house mortgage?

Whiteminnowfish · 04/03/2022 14:19

@LawnFever

Our marital home has a £200 a month mortgage. Flats are around £350 per month mortgage, interest only

How much rent do you get from the two flats?

Mortgage + £200 for the house mortgage?

Rental income.
Flat 1 £450
Flat 2 £430

OP posts:
LittleOwl153 · 05/03/2022 20:04

You are going to need to get finances sorted with your ex sooner rather than later I think.

On that basis you are entitled to half the rent if you can't get any timer cash to support you and dd you will have to default on the mortgages or expect exw to pay it to protect her credit rating. Not a nice situation.

Remember that if exw owns the company you talk about as you are married that too is part of the marital pot... get some info on what it's worth and what it's assets are.

Realistically you exw has alot to loose if you wanted to go in hard here - so it is in her interests to give you a reasonable settlement and quickly. (But don't let her dupe you out of what you are entitled to).

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