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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.

Consent order

14 replies

mark53 · 16/04/2022 19:56

Hi all
Iv been driving myself insane thinking about all the bad that could happen
The situation is both me and Stbx are both on state benefits and each recieve pip
If my son buys Stbx out of the jointly owned family home and gives me total ownership Stbx would loose entitlement to benifits being over the 16k limit
could this effect the proposed 50/50 split of the home ...
There are no other assets or pensions savings or children
Long marriage over 25 yrs..Stbx is housed with new partner of 4.5 years...since we split ...

OP posts:
JusticeSystem · 16/04/2022 20:03

Pip isn't means tested, is it?

LittleOwl153 · 16/04/2022 20:07

Presumably if the buy out happens after the consent order occurs it doesn't get included either way?

mark53 · 16/04/2022 20:23

Pip isn't means tested your correct ..and Stbx would recieve payment direct from son...as part of consent order...
My concern is could Stbx having no income as such effect the split of asset ..home ...

OP posts:
millymolls · 16/04/2022 21:02

Op you’ve started many threads about this
In the nicest possible way, what do you hope to achieve from another

mark53 · 16/04/2022 21:53

I'm not sure that Iv got any answers
Peace of mind etc...

OP posts:
millymolls · 16/04/2022 21:54

The only set is the house
They most likely will be split 50:50 as you’re both on benefits
See a solicitor and crack on

oviraptor21 · 16/04/2022 21:57

Your OP does not contain enough detail to give advice on.

millymolls · 17/04/2022 10:46

You could also argue for higher share as your ex is already adequately housed

mark53 · 17/04/2022 22:28

Would Stbx looking benefit income cause me problems as I have my benefits
Altho Stbx would have a lump sum to live on till it ran out ...

OP posts:
mark53 · 17/04/2022 22:30

Loosing

OP posts:
Pixiedust1234 · 17/04/2022 22:40

If you haven't had enough good answers after this many threads then obviously it means nobody can help you. Either go to the local benefits office or citizens advice as they will know more about the legalities and could possibly handhold you all the way through the process. Good luck.

LittleOwl153 · 17/04/2022 23:25

When would the buying out occur? If before the consent order then I would assume the buy out value would be an asset as well as the remaining share in the house. If 50% would not enable either of you to buy and there were no kids to house then I don't think it would make much difference.

Is your stbexh likely to contest this consent order? As if he's not than I would have thought a simple 50/50 should pass the judges bench.

Why can't your son wait until after the consent order to buy him out? Wouldn't that make things simpler? Order becomes house is sold and proceeds split...

mark53 · 26/04/2022 18:46

Just a follow up....
Iv been trying to spk to citizens advice and will continue to albeit to no avail so far...
Iv read on birketts solicitors website that its possible to reduce the settlement amount by paying for rent up front / white goods for the home / debts (parking fines / catalogues)
I was wondering about newish second-hand car
All put in a consent order
This would reduce the pay out below the benefits cap to Stbx and therefore keep entitlement to benifits
Have you come across this and could this be workable in your opinion ....

OP posts:
mark53 · 28/04/2022 15:20

Anyone got anything.....

OP posts:
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