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Original poster

can ex husband get housing benefit for his flat, when part owns family home?

9 replies

everything2me · 24/02/2012 18:59

Separated from him about a year ago. The children and I have stayed in the family home (joint mortgage). He has been paying child maintenance, and I have a part-time job. I only get around 15hrs per week, so am currently on jobseekers, and get the interest paid on my mortgage.
Ex rents a property, but has now been made redundant. Although I am concerned, that he will not be able to pay child maintenance, my main question is if he goes on job seekers, will he get housing benefit for his rent? when he has a joint mortgage on this house? From what I can see, I dont think he will, which would mean he would be homeless. Therefore I either A, have him move back here, (which I dont think I could cope with, after all this time moving on with my life), or B, Sell the familiy home, making us all homeless. After the mortgage is paid off, there would be not much money left to even pay a deposit anywhere. The kids have already been through so much. Any advise from anyone please....

OP posts:
PinkCarBlueCar · 24/02/2012 19:14

If they find out that he has an interest in another property, then both DWP and council Housing Benefit departments will say "assets of more than £16k", and thus he won't be entitled to either income based JSA or HB.

He may be able to get contribution based JSA and then some emergency subsistence benefits, but I can't see him getting HB if they know he has the property interest.

I'm sorry it's not the answer you were hoping for. It gets worse, sadly. If he signs over his interest in the property now that he's redundant, then they may even say he disposed of his assets instead of making you buy him out so that he could realise (the money from) those assets.

Get some good advice as soon as you can - try Community Law Services or Welfare Rights.

PattiMayor · 24/02/2012 19:28

That's not correct PinkCar - I live in a house I have a mortgage on and when I didn't have a job, I wasn't eligible for HB until I'd been claiming for 26 weeks but was eligible for IS/JSA and council tax benefit. A house isn't considered assets per se - the equity I have in my house is a lot more than £16k and it was exempt.

Otherwise people would be being made homeless left, right and centre.

Original poster
everything2me · 24/02/2012 19:36

Pinkcarbluecar. Thanks for your help, sorry to sound stupid, but what is DWP, and what is the subsistence benefit you said he may be entitled to? I think he should get the contribution based JSA, as he has always been in work for the last 24years. Im hoping he wont be out of work long, but he would need some money coming in, as his rent is high. I havnt even begun to work out, how we will manage without any child maintenance. :(
Pattimayor
They dont count the house as assets for my JSA, and mortgage interest as Im living in it. But Im not so sure for my ex, as he would need help with his rent, but would part-own the house I live in, so maybe they would count that as assets?

OP posts:
PattiMayor · 24/02/2012 19:53

But the HB would be for his rent wouldn't it? And he doesn't live in your home. He wouldn't get any help paying his contribution to your mortgage but I can't see why that would affect his rent Confused

PattiMayor · 24/02/2012 19:54

DWP = dept of work and pensions who administer benefits

smartiesrule · 24/02/2012 20:01

I own half a house with my ex, and he lives in it (no mortgage so it's worth a lot more than the £16 000 cut-off). While the divorce is ongoing, I am getting income support, housing benefit and council tax benefit. The house is not considered an asset in calculating benefits.

Original poster
everything2me · 24/02/2012 20:13

Thanks, and hope you are both right :) I know it shouldnt be my problem, but I feel it kinda is, when I feel I am living in a house that is half his. Need to win the lottery and buy him out, thus solving both our problems. lol.
Does anyone know how long you have to be on JSA contribution based, to get housing benefit?

OP posts:
purpleroses · 25/02/2012 11:09

It doesn't matter how long you get contribution-based JSA for - housing benefit is only a means-tested benefit, so he will only get it if they discount the value of the house he owns but isn't living in - I think there are certain circumstances when they will do this, so you should check it out with the benefits agency.

You describe him as your ex-H - but are you actually divorced? If not, that might be the best way to sort the situation out - if the divorce settlement gives you the family home then he could claim benefits. But otherwise, if you can't afford to buy him out, then I think you may be looking at selling up and both buying somewhere smaller or moving into rental. You're right - it is your problem too really as you're living in the house that he has a stake in, and he's quite likely to need to call that in if he can't support himself any other how. Hope he manages to find a new job soon, that would be best for you all. If he's worked for many years with the same employer he should get a fair chunk of redundancy money which might tide him through til he finds another job.

lilmamma · 25/02/2012 20:24

my sil is in the martial house with 2 children,and got help to pay the interest,on the mortgage,he got a council 2 bed house was out of work and they pay his rent and council tax,he has the girls half the week,so got a 2 bed house.she can stay in the house until the youngest child is 18,and then they have to sell it.

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