How do I manage financially

[Noah24]

Hi all, just looking for advice. I have been with my husband for 10 years but only married for 1 year. The marriage is not working, agreed on both parts. The house we live in is his and we live here with both my kids from a previous relationship, I don't expect anything from him as although lived in his house for 7 years before we were married we have actually only been wed for 1 so not entitled to anything from him really maybe a couple of grand back from renovations we've done to the house but thats about it. My problem is I am not in a position to get priority council housing but can't afford to private rent as work full time so wouldn't get any housing benefit but because of debt I can't afford to private rent either. Debt is my own nothing to do with husband. I've tried googling to get advice but can't find anything for someone in my position any advice would be appreciated

Have you seen a solicitor? Because you may well be entitled to some money from the house equity or even to stay in it and him leave. Don't assume you have no options and aren't entitled to anything, see a solicitor and find out. You actually need to do this, because if you intend claiming means tested benefits you're not allowed to turn down anything you currently are entitled to re marital assets, that's deprivation of assets and your benefit claim would be treated as if you did have those assets even though in reality you don't have them. The house is not his, it's a marital asset belonging to you both and you both have right to live there until a judge decides otherwise.

Debt may also be considered in the financial settlement of divorce so don't assume it's all on you.

How old are DC? If under 18 you'd definitely get housed by council because they have to home DC. That may mean helping you find private rental, but one way or another they will help you. Do not leave the house voluntarily though, you have to use the homelessness route to get housed and that does give you priority status. If you leave voluntarily you've caused your own homelessness and council don't have to help you. He has no rights to evict you or change the locks so you can't get in just because your name isn't on the mortgage/deeds.

If there are savings or pensions those are marital assets too, regardless of whose name they're in. So find out all the information (search the house for paperwork, ask him etc) and see your solicitor about it. I'm sure he'd love you to walk away with nothing but it's not as simple as that.

See citizens advice bureau or debt charity about debt. When you're housed, rent comes first, debt payments after. So if you can't make debt payments they need reducing, interest frozen, bankruptcy, whatever is most appropriate. Get advice. Debts are not the priority, basic living expenses are.

Housing benefit is Local Housing Allowance, part of Universal Credit now. It's based on income not whether you work full time. Google to find out the LHA for the amount of bedrooms you're entitled to (same sex DC share, opposite sex under 10 I think share, babies share with you). Then go onto Entitled To benefits calculator, put in your hypothetical situation (income/rent/bedrooms/disability etc) to get an idea of how much LHA you'd get if any.

There's also council tax benefit. As well as a 25% reduction if there's only one adult over 18 living there.

If DC are over 18 and you're financially supporting them including housing them this may have to stop as they're legally not your dependents. They'll have to get a job and support themselves if over 18, whether by moving out or by sharing rent/food/utility/council tax payments etc with you. If over 18 they're also entitled to their own universal credit claim if their income is low.