separating from hubby but not devorcing would it be wrong to claim working tax.

[zobey]

As though im single. Im moving out the family home with our dd he will be paying nothing towards her upbringing. We are seeing if we can repair the marrage this way or its the end of us. Is it wrong what im doing?

As long as you intend the split to be permanent then it's fine.

Why is he paying nothing yet you expect the government to?

If you are in separate households then you are entitled to claim as such. But as her father, he ought to be paying towards your child's upkeep.

In the past, that would have been part of the sums the benefits people would do - they would 'expect' him to contribute. Not sure the current set-up though!

I'm not sure I'd want to repair a marriage with someone who thought it was OK to not contribute financially towards his own DD. So it's not wrong to claim the tax credits but I'd question his definition of right and wrong.

Yes you can claim as long as you live separately

Im the one moving out. Im moving back to my mums. Due knowing that i can not afford the house that was our family home.

You should really get legal advice, if you haven't already. You say you're not getting divorced and have ideas about repairing the marriage but a couple of things worry me in the few lines you've written. One is the matter of not paying maintenance. Another is that there is a family home you can't afford. Is that family home owned? mortgaged? rented? Most solicitors would strongly advise against leaving the family home with children unless there was some compelling reason (abuse for example) to do so. Divorce settlements will often attempt to reduce disruption on children.

The morgage is in hubbys name only.

And is there equity in the value of the property? Was it owned by your STBXH before you married or acquired after you married?

No equity in the house. He bought it when we wre engaged. I was involved in the full process. Choose everything i wanted in it. ( new build) even down to were the plugs went.

Even if there is no equity in the property, it's still 50% yours and it's still your DS's home. Have you sought legal advice yet?