can I get any benefits if I live under one roof with my husbans but we split up?

[kocham1976]

I live with my husband and 9 yrs old boy under one roof. We split up. We have mortgage on both names. We have separate accounts.. He pays mortgage and water bills.
Rest of bills I pay: council, electricity, all insurances, payment for our son school(he goes to ASC, breakfast club and hot meals), all clothes and mostly for food. My income is 4 times less then his. I asked him to contribute but he said I should find better job. I work 30 hrs per week, pick up and drop off to primary school our son. I spend time at: cleaning, cooking ironing, parents evenings, homework etc.
He doesn't want to move out I have no money to move out.
Can I get any money for living?
I am on debts mostly every months.

Yes, it is possible but there are loads of rules about it so you need proper advice.

Can you see a solicitor about getting him out of the house?

@Gingerkittycat why should he have to leave!??? It’s as much his house as it is hers!!! Ffs...

I asked for selling our property but he doesn't want to agree.He believed that if he pays mortgage it belongs to him.

Its easier for him to move out, because his income is much much bigger and he has savings. Its why

You can try but you all have to prove you are living totally separately. They may visit do an assessment. it will involve looking at sleeping and living arrangements to the extent of separate shelves in the fridge. Questions like do you sit down to meals together. Tricky to prove.

Get a solicitor and get advice about what to do about the house. How can either of you move on with your lives in this situation? Is there equity in the house ?

He believed that if he pays mortgage it belongs to him

Sorry but technically he is correct, he does own the house and you can’t just turf him out on your say so.

Divorce properly and split the assets fairly. Sell the house etc.

Its easier for him to move out, because his income is much much bigger and he has savings. Its why

It’s easy in your opinion OP but he doesn’t have to if he doesn’t want to. Maybe he is emotionally invested into the house as well as financially!? He is entitled to stay there just as much as you are. He doesn’t have to move just because he is the man. If you want out you need to figure it out FAIRLY.

Get legal advice. You can force the sale of the house and split the equity, you can also get child maintenance

Why are you not divorcing him?
That’s the first question I’d ask if you were trying to claim benefits as a single person still living in the same house.
It is possible to claim, but the separation needs to be genuine.

Have you started divorce proceedings?

Are you in separate bedrooms?

You can make a claim to UC but you will need to be 100% honest at the job centre. They will make a referral for a telephone interview and ask questions about your relationship, living arrangements, finances etc etc

They make a decision which you cannot appeal against. Sometimes they find you as ‘living together as a married couple’ regardless and then any money you’ve received so far you would need to pay back.

It will be much better for you if he moves out but if he won then you need to move out. You could go to the council, you need a solicitor to force the sale and you will end up with a bigger share of the equity and he will have to pay maintenance.

He should be paying you child maintenance if you've split up.