Benefits and Legal Charge on property

[dymplecat]

Hello there. I'm looking for some advice please. I am divorced and my ex husband lives in the marital home and I am renting. He owns the house but I have a charge on it, stating that a % of the equity will be mine when he sells (this will happen when my youngest is 18 and a couple of other triggers).

My question is: I am claiming top-up to my low wage by way of Tax Credits but I would be entitled to quite a lot more if I migrated to Universal Credit. Universal Credit are asking if I own another property. Do I own a property that I have a charge on, even if I am not on the deeds?

Has anyone else had this problem? Thanks in advance :)

If your name isn't on the deeds then no you don't own property. Someone owes you money but you can't gave that money for years - that shouldn't affect your benefits. Obviously when the money from the house sale comes to you that will be a massive change but not until then.

I am not an expert. This is a lay person view

Your name would need to be on the title deeds for you to be an owner of the property. I assume you’re not on the mortgage deed (would be highly unusual to be on one and not the other).

Many people/companies have a charge on properties they don’t own - having the charge doesn’t (rightly) confer ownership.