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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.

Universal credit and property as disregarded capital

5 replies

Lininguptheducks · 04/10/2023 15:45

Does anyone have experience of claiming universal credit while owning a house but not living in it?

I'm currently trying to get my ducks in a row and preparing to leave my marriage. We own our house and ultimately this will either be sold or husband will buy me out, but in the short term i am struggling to figure out living arrangements.

Ideally I want to leave the family home (husbands hoarding is a contributing factor to the breakdown of the marriage). Renting in this area is expensive (nearly 3 times our current monthly mortgage for a similar house) and I have 3 children to house near to their current schools. I can afford the rent if I claim universal credit to top up my income (I am currently working). I understand that the family home can be disregarded as capital if I'm not living in it after the breakdown of a relationship, but this only lasts 6 months. I anticipate separation and divorce will take longer than this!

My question is, would I likely be able to continue to claim uc and disregard the property past this 6 months, if divorce proceedings are ongoing? I don't want to move in somewhere and 6 months down the line not be able to put food on the table because all my income goes straight to rent!

Any help or past experiences of this would be much appreciated, thank you!

OP posts:
FreeGirl34 · 04/10/2023 15:56

This reply has been withdrawn

Wrong thread

caerdydd12 · 04/10/2023 15:57

This reply has been deleted

Wrong thread

You need to start your own thread

NoMor · 04/10/2023 17:04

I know they can extend the 6 months in certain circumstances, it's decided on a case by case basis.

LemonTT · 04/10/2023 17:42

Honestly you should try to get him to move out. If he stays you will lose control of the ability to get the property sold. If he is a hoarder it will make it unmarketable and probably inaccessible. One way or the other you would be taking action to get him out. May as well do it now with an occupation order. Then you can take control and get it sold. Which will probably be better for both of you.

Blackbyrd · 04/10/2023 17:45

The property needs to be being actively marketed for sale in order to be disregarded, evidence from the relevant estate agents can be submitted to a Decision Maker after the six months are up to consider a further six month extension . No guarantees though

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