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Original poster

Will I have made myself voluntarily homeless?

15 replies

Nooster · 18/12/2008 16:57

Hi,

I hope someone can help, I've signed over my half of my property to my ex partner, things have really broken down with us and i just want to get out. I have two young children 1 and 5. He has always paid the mortgage and is not selling the house, nor is he giving me anything.

He is moving to his mums shortly and i will need to claim income support as he is making me jobless too. I will live in this house but he wants me out and i have found a rental property that is private that I can move into.

I know the council could pay my rent but in my situation will i be classed as being voluntarily homeless?

The CAB are no help by the way. And have searched and spoken to many people with no joy.

I know he cant force me out but I want away.

Can anyone tell me what the council will say?

OP posts:
oldraver · 18/12/2008 17:06

If your claiming IS and moving into privately rented property thn you should be able to claim housing benefit which should cover you rent (I know there is a limit so may not cover all of rent)

I think the council decision on 'making yourself homeless' only come into effect if your trying for a council property

MascaraOHara · 18/12/2008 17:08

I'm not sure, sorry. You need to get some legal aid and a solicitor.. you definitely shouldn't have signed half the house over for nothing.

I would really recommend that you get some proper legal advice.. very quickly. Sorry

elfsmum · 18/12/2008 17:13

you won't be classed as voluntarily homeless as you're moving into private accom.

However you could be seen as trying to defraud the benefit system, they will look at your previous address and question why you've signed over your half of the house, particularly if there was equity in the property.

If your name is on the deeds it doesn't matter who pays the mortgage.

sorry, but you do need legal advice, you may also be asked why you didn't seek before signing over the property.

maidenvoyage · 18/12/2008 20:00

hi sorry for interupting. Few years ago i was in the position of having to buy the house of my ex husband I could not afford it on my wages so spoke to the council. They said if i didnt buy it i would make myself homeless and they would not rehouse me. So i had to buy it. A few years later I had to sell the house and rented privately. Few years after that the money was gone and I was made redundant so had to claim housing benefit for a short while. I had to proove every penny that i had spent over the previous five years and had loads of trouble trying to get housing benefit. So i went back to work. Just to let you know there is plenty of red tape that you need to sort out and it is not as easy as you think

very good luck x x x x

HappyMummyOfOne · 19/12/2008 09:34

If he is moving back to his mums why cant you stay in the house?

HB is means tested and they may say you have intentionally disposed of an asset in order to qualify for benefits - they hace a section under deprevation of capital which should be on their website.

If you were working, why not claim JSA instead of IS.

expatinscotland · 19/12/2008 09:41

claims for IS are no longer automatic even for lone parents.

sorry, but the rules changed as of October and thenceforth they may try to put you on JSA first.

you really need to see a lone parent advisor for that part.

you may or may not qualify for HB if you signed over property you owned.

cestlavielife · 19/12/2008 10:32

cant answer on benefits - but did you or ex have to pay capital gains or stamp duty? just asking as have joint owned property with ex - i moved out and am renting (i work so the benefits issue does not apply..) but need to look into what costs are involved when property is tranferred to one name from joint names?

Original poster
Nooster · 19/12/2008 14:24

The mums house thing is temporary, he wants me out and he have the house.

I will call the council and find out what they say about HB.

I've tried to see a lone parent advisor but they won't see me until I am on a benefit.

I was working, for his company from home which meant no childcare issues, I only earnt £450 per month but even if i get a really well paid job i cant afford the nursery fees and out of school club for two, and a mortgage or part of the one we have. I have no-one who could help with childcare.

I would prefer IS to JSA, I have rang the job centre who say I will qualify for it but again, until it happens - who know. It seems the benefits for a parent on IS are better, it is not forever, just until I get on my feet.

Ex does not have to pay anything other than £150 to transfer the property, and around £600 in solicitors fees, but i have the paperwork to sign and have now made an appt with a solicitor for the 6th Jan before i go ahead with it

Ex is going mad and keeps arguing with me and telling me I'm a money grabber and I say I just want to make an informed choice. I don't want to grab his money but we need a roof over our heads.

I'm so sorry for rambling, I just don't know what to do, I'm fed up of crying about it.

Nicki

OP posts:
Original poster
Nooster · 19/12/2008 14:44

I have spoken to the council who say if i have no interest in the property and i walk away with nothing, and i can prove I've walked away with nothing, then i should get the housing benefit.

also they say with two tiny children it should be IS I'm offered.

OP posts:
MascaraOHara · 19/12/2008 14:48

why would you want to walk away with noithign? you are entitled to half the house!?!??!

Katerina75 · 19/12/2008 14:52

Is the house up for sale? You can claim hb while it's up for sale (I think for six months). Once sold, they would reassess your hb based on what you got. Speak to the council again and ask them to confirm that.

HappyMummyOfOne · 19/12/2008 15:54

If you work though, even part time, you'll get WTC and the bulk of your childcare fees paid. Plus you get to keep the child maintenance. Hence the suggestion for JSA rather than IS, its also usually much easier to gain employment with recent experience as at some point you will have to work anyway with the new changes to benefits coming in.

Remember on IS, the CSA will automatically get involved so as to recoup some of the money they have to pay out in benefits.

Even if you dont want the house, you should fight for a share for your children.

Tortington · 19/12/2008 15:58

i dont get it - why are you walking away?

Tortington · 19/12/2008 15:59

i woudl stay put - and get a solicitor pronto - get angry!!

ELOB · 01/01/2009 22:11

wait a minute. aren't the children his? does he not care about them? doesn't he want them to have a home? does he think he doesn't legally have to contribute financially? he may even have to pay you spousal maintenance. its not about you or him- its about the children, the innocent little people in all this. legal advice needed now. are you not married? don't think it make s a jot difference, when there are children involved and as for your share of house?! very easy to say you just want to walk away from it all but believe me it will be more of a slog than a walk the way in which you are going about it. forget him, forget you. think of the children now and in the future. if he wont do that then you need to do it for them. good luck.

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