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Original poster

Universal credit and property

10 replies

AInightingale · 02/03/2024 18:05

I have been asked to migrate to UC from my tax credit claim. At the minute, I rent, but don't get HB or any income support as I am ineligible as my ex partner still lives in the family home. It is regarded as a source of capital, though I am not benefiting from it, and he refuses to sell and cannot afford to buy me out.

I am entitled to TP for 12 months, presumably, but what happens after that? I understand that under UC rules, unlike HMRC's, the house will be regarded as my 'capital' and I won't be entitled to support for the children. Has anyone migrated from the old system at an earlier date any experience of this? I suppose I am really looking at a forced sale and years of rancour from ex?

OP posts:
Bromptotoo · 02/03/2024 18:22

There are circumstances in which real property can be disregarded for Universal Credit:

https://www.legislation.gov.uk/uksi/2013/376/schedule/10

What steps have you taken to force him to sell?

Have you had any advice as to what you would need to do to force him to sell?

almostthere75 · 02/03/2024 18:30

I just been through an appeal with UC for the same reason. I had completed a separate uc housing form with an explanation and during the appeal I had to explain it all again and show proof of any capital again,very frustrating.

Original poster
AInightingale · 02/03/2024 18:35

Thx. I think I read attached before, it seems to mean that 'steps' must be taken to sell the house or obtain a buy out. That is my problem - been to two solicitors and they have warned me about the cost of bringing this to court. Even if it were to sell, the equity wouldn't be enough to enable me to buy anything else, the old house is now a shit tip, and he would be a bit stuck too. He's 54 this year so a bit old to get a large mortgage/remortgage. I suggested he looked at sheltered 55+ accommodation which have social housing rents, and he was very indignant, but he can't maintain a house.

It's a crap situation and I can't see a way out of it.

OP posts:
almostthere75 · 04/03/2024 09:32

Have you emailed him to ask him to sell up? This is how I was advised.

Bromptotoo · 04/03/2024 10:50

Taking legal advice is a 'step'. The advice you've had is that you may be in a 'game not worth candle' situation but it warrants further work. That really should be enough for you to get the property's value disregarded for 6 months.

Have you asked him, in writing, to consider a sale and split of the proceeds.

Do you have a current valuation?

How much equity is in the property and is it likely to be split 50/50 after a sale?

Are you joint tenants or tenants in common?

641OrchidParade · 04/03/2024 11:36

If he is 54
His state pension age will be about 67
Potentially, he has 13 more years to work, but he could work until he is 70+

Yes, he could still get a mortgage (I know people that have at his age)

I would suggest

Get 3 estate agents to value the property

Write to him or via solicitor, requesting that you both sell or one of you buys the other out

Or

You move back into the property

Make some progress

Original poster
AInightingale · 04/03/2024 14:55

Joint tenants.

No chance of me moving back in! I don't think this is legally possible, though I'd love to - it was my home and he's trashed it and filled it full of junk, just think a skip with windows.

He'll just make things as bloody difficult as possible - he's already stood up one estate agent which was very embarrassing.

He's the most unmotivated person (chronic weedhead) and I can't even imagine him moving, clearing his clutter, and actually seeking and obtaining a mortgage on another place. He needs 'lifted and laid' as they say in these parts. Lazy bastard in short.

OP posts:
Bromptotoo · 04/03/2024 15:16

AInightingale · 04/03/2024 14:55

Joint tenants.

No chance of me moving back in! I don't think this is legally possible, though I'd love to - it was my home and he's trashed it and filled it full of junk, just think a skip with windows.

He'll just make things as bloody difficult as possible - he's already stood up one estate agent which was very embarrassing.

He's the most unmotivated person (chronic weedhead) and I can't even imagine him moving, clearing his clutter, and actually seeking and obtaining a mortgage on another place. He needs 'lifted and laid' as they say in these parts. Lazy bastard in short.

If you're joint tenants have you had advice on severing the joint tenancy?

Were you to fall in front of the proverbial number 10 bus then as joint tenants your share passes automatically to him.

Original poster
AInightingale · 04/03/2024 16:49

I know @Bromptotoo. But he would then be the children's only parent and they are all under 18. It would be the thought of him marrying someone else (he does have a partner atm) and his wife having a claim on his assets that would worry me though.

Do you think I should apply now for tenants in common so I can leave my share to the kids? I do have life insurance that would provide for them in the event of me falling under that No 10.

OP posts:
Bromptotoo · 04/03/2024 16:57

@AInightingale I'm not in a position to say what I think you should do. I mentioned severing the joint tenancy simply because, conventionally, it's a thing you need to consider with proper advice once you're separated.

If benefit tools like Turn2Us suggest you'd be entitled to UC then I urge you to claim and seek professional advice if you're declined.

A call to Help to Claim 0800 144 8 444 might help you.

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