Am i entitled to universal credit after split

[Anewstart2023]

Going through a very messy separation. Neither of us want to leave the family home(mortgaged and in my name), I work part time 16 hours a week and he works full time. Children will stay with me. I own a rental property out right which tops up my income so currently am not eligible for universal credit or any other form of help.

After seeking legal advice its looking like the rental house and potentially the family home will be sold. Then the courts will decide on who gets what as he disagrees with every offer i put forward.

My question is will I still be ineligible for help as I will have sold assets or will it be a clean slate. As once that property is sold I will not have that rental income so wont be able to support myself and 5 children on my part time wage. I intend to purchase another house out right so will hopefully have no mortgage.

If anyone has any advice or been through similar i will appreciate any input.

Thanks

Hi op.

If you sell your rental home you’ll no longer be treated as having that income. If you then use the capital from that sale for your primary residence you’ll also not be treated as having that capital either.

Hope that helps :)

Are you married?

No not married

It's not about rental income. Rental income is not counted, it is the equity in a home you do not live in that counts. If you sell both the assets, then you buy another home and don't end up with more than 16k capital, you would be able to claim UC.

Sorry I should also say any capital you have between 6k and 16k would reduce your monthly UC amount.

If the house is in your name and you're not married, why are you making him any offers at all?

This!!

Your partner needs to leave the home he doesn’t own. If he doesn’t do this voluntarily you should get legal advice and get an occupation order

Your ownership of the other property will prevent you from claiming UC assuming there’s more than £16k equity. You should take steps to sell it and use that money to live off if you can’t work full time / afford the mortgage on your main home

I would get a second opinion from a different solicitor!

If you are not married he certainly has no claim on your rental property. You need a better solicitor.

If the properties are in your name and you're not married, you don't have to offer him anything. The advice you received would only apply if you are married. Was it from a solicitor?

Unfortunately as he gifted a house to me 15 years ago our finances are considered 'mingled' so he will be able to claim a share. As i sold that house to buy the rental and put towards my deposit it complicates matters more. Annoying as he hasnt paid a penny towards bills in 20 years and hes still entitled to the equity ive built.

OP you need a solicitor not MN as this is an unusual situation and requires specific advice