Divorce - threat of homelessness

[MrsChumleyWarner]

We went to court for financial resolution the court ruled the family home has to be sold immediately. I have a 14 year old and a 17 year old. Advice/help please. I am on benefits and have some health conditions which affect the kind of work I can do. Main problem being weakness down one side of my body and arthritis in my joints. We can sleep at relatives if it comes to it but we will be basically homeless. When the house is sold I will have about 50k.

My mind is in turmoil and advice would be greatful received.

Won't you be using that 50k to rent once the house is sold? So you'll have money to pay rent therefore won't be homeless?

Then once you see what benefits you have to work with you'll find a job that you're able to do?

What job have you been doing?

This is obviously very stressful for you but try not to worry because you're not going to be made homeless. You have time to sort things out and relatives to fall back on in a worst case scenario.

It normally takes three months to sell a house after the offer is made and in the current market probably a month or two to get a decent offer. So work on the assumption you have about 14 weeks at the very least to get yourself sorted.

The next thing you need to think about is your benefits. You should become eligible for housing benefit to rent provided that £50k is not just kept in a bank account (which will impact your benefit claim). I would suggest if home ownership is unlikely for you, the best place for the £50k might be a pension so that your benefits aren't affected/increase. It will give you a better income later on too.

Next step I would speak to Citizens Advice and work out your new benefit entitlements and then work out what kind of house you can afford. Then maybe another think about what if any work you can do.

Thank you @BetterFuture1985 this is what I needed to hear.

I have been doing admin work but struggling with the issues I have with my left side - also left handed.

The judge said to use the money for rent but what happens when that money runs out? Told I cannot have more than £16,000 or the council won't help us.

My ex won't allow us any more time. Clean break. He doesn't care says my family have to put us up.

ideally the money would be enough to buy a home which would be an investment. But if you cannot raise a mortgage that isn’t going to happen. Which sucks but you don’t need to be homeless. It just means you will live off your capital for a period.

if you aren’t able to work you should qualify for benefits that aren’t means tested. This will help along with any CMS from your ex and child benefits.

have you applied for any social housing?

In your position I would go to your local council and inform them of your situation and ask for advice.

I would put your name down for council accommodation, as in the long run it will be cheaper. You can apply as anyone else can for properties, bid each week etc. If your name is on the council social list then you could also apply for shared ownership - that might be an option you want to explore as you'll have a £50k lump sum to put down on shared ownership property - it will not be seen as deprivation of assets for benefits as you'll be homing yourself

You're fortunate you have capital for a while as some people have nothing after divorce. You can see why you can't claim support with such a large amount of capital can't you? That would be madness.

Try not to panic as you're far from being homeless.

Is it not the case (any more) that a lump sum from sale of a matrimonial home can be set aside for buying a home in the future, and therefore somewhat disregarded where benefits are concerned. I feel sure this was the case once upon a time....?

It is awful when what amounts to the equity is then eaten up in rent payments - until down to £16,000 and then possibly eligible for the Housing element of UC.... if that is what happens? Leaving "not enough" for a deposit on house purchase, even if able to get a mortgage - which is of course now nigh on impossible.

I bet the exH is not going to have to do that.

@MrsChumleyWarner Every sympathy for you and your situation, it's horrible for you and the children.

What does your ex think will happen to his children if you are homeless? Is he proposing they live with him?

No, the ex is set up in his new home with his new partner and will have a large inheritance in the near future.

He was abusive and controlling and is texting me numerous times a day. He had the house up for sale within a day of the ruling.

Life is stressful at the moment but one the house is sold he won't be able to hassle me about it anymore.

I will have to pay my solicitors fees when the house is sold and joint marital debts and some loans I have had since separating.

Has anyone been through this? Did you have to go into a B&B? Furniture in storage?

My initial panic is subsiding I am grateful for the advice as I have never been in this position. I will look into shared ownership. Thank you

@MrsChumleyWarner

I think there are a couple of things you might be able to do about the benefit situation but please check with a financial advisor:

1. Put most of the money in a pension. It will no longer count as a current income generating asset you can live off.

2. Shared ownership. This could be a really good option for you, where your rent will be less and housing benefit covers what you need.

Are tou all still living in the family home? If so I don't think he has any right to kick you out without it being sold unless he can hand over the £50k you would get?

Get yourself on to the council and explain the situation to them. They will want to see the judgement as that will determine whether you have a home until it's sold or not. If not the council will need to help you as you currently don't have £50k to pay rent do you?

@chopc My ex lives over an hour away I have asked if the kids will stay with him and if he will be getting them to school on time. Just got glared at and laughed at because they won't be living in a cardboard box on the street as according to him that's the definition of homelessness.

@LittleOwl153 We are in the family home until it is sold.

I am trying to get my head around the timing if I will be homeless on the date the new owners move in.

Will I get housing benefit to cover the rent in full if we are in shared ownership? What happens if my kids move out do I have to pay a bedroom tax?

How charming. But there may unfortunately be a kernel of truth in it. If you are the resident parent and provided he is paying the right amount of child maintenance then it's not an entirely unreasonable expectation to expect you to use all the resources at your disposal and secure a roof over their heads.

Just take it calmly and rationally. There is a period of months to resolve this. There are options that you need to get the information you need and get this sorted. CAB would be a good place to start.

you need to look for a rental property if you can’t afford to buy (and it seems you can’t). Why would you go into a b&b? That’s daft. Look for a rental and house yourself and your children. Once you are below £16k you will get UC.

it sounds like a horrible situation and your ex is a Dick but ultimately it’s not for him to look after you. You’re divorced now and you have to look after yourself and your family.

I would move in with family then see if you can access shared ownership housing with the 50k to buy a small share. If not then put what you can in a pension and then apply for social housing. Make it clear your family can only help you temporarily.
You can also apply as homeless - and get advice and information on going onto housing registers for council or housing association properties - and finding landlords who might accept you with universal credit paying the rent. They might also be able to advise you on shared ownership.

Did you have to go into a B&B? Furniture in storage?

sometime you do and sometimes you don't have to, it'll depend how proactive you are to bidding for properties. It really can come down to that and even if you are in B7B its a short term pain to get a long term gain usually. Council or social housing has much longer term rentals and you'll not then have to keep moving at the whim of a private landlord

Make it clear your family can only help you temporarily.

this doesn't make a difference, if your housed by family then the council will not make you a priority as you have a roof over head - its the last thing Id do in your position. Id tell council as soon as house is sold by court order you'll be turning up on their doorstep homeless as family haven't got the room

I would think that they would put you in private rental or temporary accommodation. Most councils have very little stock left. Worth a try but better for kids if she gets a private rent.

Op, I think your calmest and most secure approach is to look for a suitable rented property. You have the money to pay rent for a while. Once settled, you need to find employment. And make sure you put in a cms claim.

Your 17yo will be moving on soon - uni? Work? College? If working, will be able to help with rent.

When/if your savings drop below £16k apply for UC.

I don’t have any advice regarding housing but wanted to say your ex sounds like a nasty piece of work, and while you feel worried and desperate now, you are well rid of him. Despicable way to treat his own children

onwards and upwards op, you will be a source of stability and inspiration to your children and flourish from here!

She wont get any benefits unless its pip or another non means tested due to the money she will have.

Yes you will get the benefit. No just wont get as much benefit

Thank you everyone. You are helping to make things a lot clearer in my mind.

Thank you @millymollymoomoo and everyone else who has said his behaviour is disgusting. I know we will get through this. It's a hell of a lot easier when people who are in the know offer some advice - thank you everyone. I won't have as much as 50k as legal aid and other Bill's have to be paid but at least they will be off my back and no longer a worry.

I've just taken the kids out for a carvery as a divorce celebration lol. Not the best meal granted but a little cheery up comfort food lol.