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Divorce settlement and claiming benefits

9 replies

Victoria020206 · 26/05/2020 13:50

Hi just wondering if anyone can help me out with a bit of advice as I can't seem to find the answer anywhere! Does a divorce settlement have any effect on claiming benefits once your divorced. I have assets on paper but they belong to my husband and I want them to go back to him as they are only in my name for tax reasons. If I give them back as part of the divorce settlement does that count as giving away my assets and then I won't be able to claim universal credit. I need it to survive on my own with three children.
Thanks in advance for any help.

OP posts:
Shinesweetfreedom · 26/05/2020 17:27

Surely you will get some settlement.What will your living arrangements be

Babyroobs · 26/05/2020 18:16

If there's a maritial home to be sold or assets to be divided then they will affect entitlement to UC. I guess if there was any dispute it would go to a Uc decision maker to decide whether you had deprived yourself of assets in order to claim benefits. Do you mind me asking what type of assets we are talking about - I am only asking to see if I can advise what might happen.

Victoria020206 · 26/05/2020 21:55

It's property that my husband inherited so I don't want to take that from him but they are in my name for tax reasons

OP posts:
Victoria020206 · 26/05/2020 23:02

Yes we have a marital home that I will keep to bring our three children up in and then sell when they leave home in about 10 years. The marital home is just in my husbands name. We really just need to swap assets but if I do that I think that means I've given away my assets and can't claim UC. My husband needs the money from the other properties to buy a home for himself. I need UC to enable me to stay in this house and be able to pay all the bills.

OP posts:
Babyroobs · 27/05/2020 00:12

I would have thought that if it was sorted out before you claim UC there wouldn't be a problem. The house you will be living in won't count as capital or anything. On UC you may need to look for work depending on the age of your youngest child if you don't already work. presumably you will have child maintenance too which is not counted as income for Uc.

tillytoodles1 · 27/05/2020 13:16

So basically your H is fiddling the taxman with your help, but now you want money from them even though you and your H didn't want to give any away.
So take, but not give

Babyroobs · 27/05/2020 13:59

How many properties does your husband have? I think at the end of the day the divorce settlement will divide assets up and if you have over 16k you will not be able to claim UC. The house you live in if awarded to you outright as part of the divorce settlement will not be counted. Seems like your dh has considerable assets that will betaken into consideration as part of any divorce settlement.

Victoria020206 · 27/05/2020 18:00

Just for the record changing ownership of properties is perfectly legal for tax reasons and I don't want the properties and I'm trying to find away to give them back to him whilst also trying to provide a good life for my children. I'm not taking anything.
Thank you to those that have responded with some helpful advice it's very much appreciated.

OP posts:
TippledPink · 27/05/2020 19:10

I can't see why it would be taken into account as a deprivation of assets- it is part of the divorce settlement you are not giving it away. That would be very unfair otherwise.

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