How do you manage divorce when renting with children and benefits?

[Lauders]

How do you divorce when you rent? I had to give up work a few years ago due to DS’ needs and being out of school. He’s now in school but there is no access to wrap around/childcare and so I need to be able to do pick up/drop off and holidays. Realistically any job would be very low paid. There would be no 50/50, the children would be with me permanently. DS has complex needs and is in a specialist school with an EHCp. I can’t leave the county and we already live in the cheapest area we can.

I’ve done the benefits calculators online and financially look manageable, except I can’t work out how to house us. I won’t get accepted for renting anywhere else, DH is on the tenancy here and we could stay but then I would only get half the LHA (which is still £600 a month short). I can afford the rent but it’s based on me getting the full LHA which I won’t if I keep DH on the tenancy but the estate agents won’t accept me if I remove DH, I won’t meet affordability other than benefits.

I’m not at risk of violence or anything like that so I could stay and just be unhappy but more secure in terms of housing. Has anyone managed it?

Hopeful Bump in case.

Id say

steak to divorce lawyer before doing anything

i think, but not an expert , the tenancy could be transferred to you as part of divorce settlement,

speak to shelter snd council housing dept in regards to homelessness prevention help

uc be used in the right circumstances for all the rent but you can’t just take your dh off tenancy - hence do the above first

Make sure you claim uc, pup/dla, carers allowance etc. and cms and factor all this into affordability

there are routes but you need specialist advice

Thank you. I’ll definitely talk to a solicitor in advance. I don’t know whether to grit my teeth and bide my time, grit my teeth and put my children through temporary housing (but I’m not sure disabled child will cope) or some way through. I wish I could fast forward to the end of whatever it is to be.

I told my Stbxh that I would be solely responsible for paying the rent. Then I contacted UC and told them we were separated and that I would now be paying the full rent. They put us both on a single claim, I got the housing element, he just got the single person bit. He's gone now, and although I didn't need it, there is a form I think to transfer the tenancy to just one person. The HA shouldn't be able to discriminate on affordability if you are getting the LHA for the property.

Thank you for answering. We private rent so if I remove him from the tenancy it will end the tenancy and start the affordability checks etc again. I can afford the rent but recognise I wouldn’t be an attractive prospect on my own for the landlords and so whilst I will need to cross that bridge eventually, for now I need to know I can keep the children housed before I throw a grenade into their lives and then deal with housing a few years down the road.

If I couldn’t do it, I’d stay in the marriage but it seems possible so now, just need to save enough to get him a deposit for somewhere and then, tell him I want to end it.

Thanks again.