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Original poster

UC housing help if I my ex lives in owned house

7 replies

Throwaway20222011 · 11/11/2022 15:04

I have a mortgage with my soon (I wish) to be ex husband. I currently live in the house but because his place isn’t suitable the kids are with me full time and the dog. This means he is still coming round almost every day and I need to get away from him and he could live in the house with the dog and share the kids.

I want to move out of the house but rent is literally more than I earn in a month. Would I be able to get help with UC even though I technically own a house? I need to get out as quick as I can, I’ve been signed off work with the stress of this.

OP posts:
Original poster
Throwaway20222011 · 11/11/2022 15:06

To add: the reason he comes round is to walk the dog and he helps with the school run. If he had the dog himself and we shared the kids, I wouldn’t need him to do the school run on my days

OP posts:
Babyroobs · 11/11/2022 16:40

Only if the kids were living with him. I doubt you would be able to claim for the kids on your UC and get rent element and then they live mainly in the house with him. one of you needs to be considered as the main carer for the children. So either that is you and the house would need to be on the market to be sold for you to claim the rent element ( the capital in the property can be disregarded for six months whilst a house is sold), or they live mainly with him in which case you can't claim child element as they mainly live with him. You can't have it both ways.

Babyroobs · 11/11/2022 16:58

Babyroobs · 11/11/2022 16:40

Only if the kids were living with him. I doubt you would be able to claim for the kids on your UC and get rent element and then they live mainly in the house with him. one of you needs to be considered as the main carer for the children. So either that is you and the house would need to be on the market to be sold for you to claim the rent element ( the capital in the property can be disregarded for six months whilst a house is sold), or they live mainly with him in which case you can't claim child element as they mainly live with him. You can't have it both ways.

Sorry I didn't mean that last sentence to sound mean, I appreciate it's not an easy situation but if they are paying child element and rent element on a house big enough to house you and the kids, they would expect the house to be sold or him to buy you out.

tabulahrasa · 11/11/2022 17:09

Citizens advice will be able to help you work out what you’d be entitled to if you’re unsure.

But I’m pretty sure you can in fact claim rent while owning a house in the circumstances you’re talking about.

Obviously if you’re claiming for the children you’d have to be the main carer, but I’m pretty sure owning half the house your ex would be in isn’t an issue.

Original poster
Throwaway20222011 · 11/11/2022 18:20

I’d be the main carer as in more than 50% but he would still have them and we both need to be suitably housed but neither of us can buy the other out. Feel like I’m stuck between a rock and a hard place and need to get away from him

OP posts:
Babyroobs · 11/11/2022 20:09

Better for you to stay in the house then as they wouldn't pay potentially thousands to house you and the kids when you won half a house. I think you would have to be firm about him coming round, is he coming round to provide childcare while you work? Why can't he leave as soon as you get home?

Babyroobs · 11/11/2022 20:13

tabulahrasa · 11/11/2022 17:09

Citizens advice will be able to help you work out what you’d be entitled to if you’re unsure.

But I’m pretty sure you can in fact claim rent while owning a house in the circumstances you’re talking about.

Obviously if you’re claiming for the children you’d have to be the main carer, but I’m pretty sure owning half the house your ex would be in isn’t an issue.

Owning half a house is an issue. It can be disregarded for a while but if Uc are paying to house op and her kids in another property they would expect the property to be sold unless there really is no equity in it. A property that you do not live in is considered an asset/ capital which and Universal credit is a means tested benefit.

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