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Legal matters

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Can ex H force me to sell the family car during divorce?

141 replies

NickiFury · 11/10/2014 17:54

It's was £20k when bought but probably worth slightly less now, had it a year, fully paid for. He brought it for me and the children as he did not consider my car at the time to be safe, but it's registered in my name. We were separated but not legally when he bought it, but are divorcing now. I am resident parent to our two dc who are both disabled.

Thanks.

OP posts:
Sunflowersareblue · 13/10/2014 22:23

But her husband obviously had a lot of money when he was in a ha house, that is what we were struggling with. I am not saying the op has done anything wrong, not at all. I was just asking a question about how ha houses work, I thought only low income people could get one, but that doesn't seem to be the case? Anyone , regardless of income can get one?
Not the point of the op, but often threads go off on a tangent when people are intrigued by something they know nothing about. What is all I was saying.

titchy · 13/10/2014 22:29

Anyone can go on a waiting list for social housing. How long it takes to get offered something will depend on various factors including household income, children and disabled family members.

If you work and live in social housing you pay rent. A lot of people seem to think you live there rent-free.

We have no idea what the household income was when OP and her ex were together - they could have been on the breadline. She had stated clearly several times that they separated four years ago, it was only a year ago that he bought the car.

Not that any of the above is relevant to the questionHmm

NickiFury · 13/10/2014 22:38

No you weren't struggling to understand at all, don't be disingenuous. You were implying I shouldn't be in social housing when I am driving a valuable car (with my two disabled children in it) and you believe me to have plenty of money.

He clearly had plenty of money when he lived in the HA did he? How can you possibly know that? The fact that you say this when I have repeatedly stated otherwise is just a continuation of your needling regarding the fact that I have a HA home. Are you jealous? Why are you making things up? Just to justify your unpleasant benefits bashing? Your posts are thoroughly unpleasant and you cannot possibly know what my circumstances are. If you fancy trading places for a day or two let me know. I hope you would be thoroughly ashamed of yourself after that. I know I would be.

OP posts:
NewEraNewMindset · 13/10/2014 22:40

I think people are making a fair point re. HA property and savings but I agree this is the wrong place to make the point. Perhaps those who want more answers should start a new thread.

NickiFury · 13/10/2014 22:42

Sunflowers is making that point at all though. She is benefits bashing but now pretending otherwise.

The information those of you who are genuinely interests is easily googled and indeed there's is some good information on this thread.

OP posts:
NickiFury · 13/10/2014 22:43

I would love to describe our living situation when we first got together but I will not be sucked into to sharing more personal information than I am comfortable with just to satisfy the likes of you sunflower.

OP posts:
ArsenicFaceCream · 13/10/2014 22:58

Social housing tenancies are generally assured (HA) or secure (council), which means that they are long term tenancies with good security of tenure.

Tenants only qualify for them once, at the point of allocation. If the ex started to do well financially after signing the tenancy, of course it wouldn't affect anything tenancy-wise, whether he was still with OP or not.

BlackeyedSusan · 14/10/2014 10:04

with reagard to the benefits and savings.. if you had savings over £16k (which the op does not) then you had to take in bank statements presumably so you could not them spend ridiculous amounts on something trivial so you could claim benefits with less than £16k.

Brew Cake Flowers

HavanaSlife · 14/10/2014 10:29

The op could have had the tenancy before she met him, he might not of earned as much when they were given it. Any number of reasons which are noones buisness.

We were on an income of £16,000 tgree years ago, dps wage alone is £49,000 now. Things change.

Greengrow · 14/10/2014 14:33

(Yes, I know it is off topic and I have never said anyone entitled to any benefits should not claim it. It is for the state to set the rules. You can have any income in a housing association place - we all know about the late Bob Crow. It was valuable goods and other benefits I was just curious about - whatever if you own a £20k car given to you as a gift you get benefits but if you have £20k cash at bank you don't which feels rather unfair on the savers over the spends)

Greengrow · 14/10/2014 14:35

Ah found my answer - the same as I had remembered £16k
"If you and your partner have joint capital of more than £16,000 you will not normally be able to get housing benefit entitlement "
So my next question will be what counts as capital.

Greengrow · 14/10/2014 14:39

Looks like all is well on the benefits front:-
"Capital we don't count when we work how much you can get..
The value of your home where you usually live
The surrender value of a life insurance policy.

Personal belongings such as a car (unless you bought it to get benefit or more benefit)"

So those who spend on gold every year, who have 4 cars and a massive mortgage and no savings can get their HB. Those who saved hard all their life and ride a bike and have £20k savings don't get a penny in the topsy turvy world of UK benefits. Spend spend spend and you benefit - it's the same with pension- put nothing aside and you get housing benefit and pension credit. Save every last penny and you don't get them when the time comes.

NickiFury · 14/10/2014 14:41

Cars and other personal belongings are not counted as capital when assessing benefits, I just found that out in my first Google hit.

What a shame eh Sunflowers?

OP posts:
NickiFury · 14/10/2014 14:43

"So those who spend on gold every year, who have 4 cars and a massive mortgage and no savings can get their HB. Those who saved hard all their life and ride a bike and have £20k savings don't get a penny in the topsy turvy world of UK benefits. Spend spend spend and you benefit - it's the same with pension- put nothing aside and you get housing benefit and pension credit. Save every last penny and you don't get them when the time comes."

Interesting but utterly irrelevant to this thread and my situation. Why don't you start a new one. Preferably in AIBU?

OP posts:
titchy · 14/10/2014 14:47

Sigh....

Greengrow you only get HB for mortgage interest and for six months only. Thereafter you await repossession. Happier now?

Corabell · 14/10/2014 14:53

4 cars, gold and a massive mortgage...Hmm

ArsenicFaceCream · 14/10/2014 14:54

So those who spend on gold every year, who have 4 cars and a massive mortgage and no savings can get their HB. Those who saved hard all their life and ride a bike and have £20k savings don't get a penny in the topsy turvy world of UK benefits. Spend spend spend and you benefit - it's the same with pension- put nothing aside and you get housing benefit and pension credit

Greengrow if you have a mortgage, massive or otherwise, you will not qualify for any amount of housing benefit (help with rent). Capiche?

And I should think 4 cars would be likely to spark a fraud investigation.

Not that any of this has happened outside of your slightly confused head.... Hmm

NickiFury · 14/10/2014 14:55

Maybe the cars are made of gold?

OP posts:
ArsenicFaceCream · 14/10/2014 14:58

I just use gold as doorsteps personally. Ingots, bars, it all works....

Try it Nicki Wink

If we ever need to claim anything we just colour them in with boot polish Smile

NickiFury · 14/10/2014 15:00

Grin oh don't worry about our gold usage, Mr T has got nothing on us!

OP posts:
ArsenicFaceCream · 14/10/2014 15:10
Grin
Corabell · 14/10/2014 15:39

Gold rich, cash poor.

ArsenicFaceCream · 14/10/2014 16:24

That's me Cora Sad Sad Sad

Greengrow · 14/10/2014 16:57

It is very very relevant for all my Indian neighbours though as the women get a ton of gold which is worth much more than £30k savings in the bank so they could get housing benefit in rented places but not those who have nothing but a plastic wedding ring but £20k of savings.

I am not suggesting most housing benefit claimants have a load of gold though.....I was just interested in the benefits rules. Get a car from your man rather than real cash and you will retain benefits after separation. Get cash instead and you don't.

ArsenicFaceCream · 14/10/2014 17:09

Bloody asian benefits claimants, with their personal possessions.... Angry