Benefit question (confusing)

[Rachaelc1981]

Hi, I’m hoping someone could possibly know the question to my question. A bit confusing so bare with me…..
ok so my husband and I are pretty much on the verge of separating 😢 he owns our house and is mortgage free. He. Is wanting to sell the house but says I won’t be able to claim any money for our 3 children until he sells the house as they will ask questions as in do I own a property, does your husband own a property etc. is this the case? I don’t want anything from him as in half the house etc, he needs all the money from the sale of the house to buy a more suitable house for him and his adult daughter. If anyone could advise that would be very much appreciated x

You are entitled to half of all assets. You both own the house because you are married. You should also share whatever assets you have and your pensions. What he wants to do with his half is not your concern.

He will need to support his children if they are under 18 or in full time education.

You won't qualify for benefits at all. The house is legally 50% yours, once it is sold if you decide to give your ExH your 50% it will be deprivation of assets meaning you can't get benefits. If you keep the 50% you can put it towards property and then get benefits, but not housing element as that only supports rent rather than a mortgage. Unless you did shared ownership.

I'm pretty sure you can claim even if you co-own a house, if that house is being lived in by an ex spouse/kids. My experience is 15 years ago, but my ex def claimed while owning half the house I stayed in with kids.

Get legal advice. You'll need it.

You are allowed to sell the house and then have six months to buy another one. If you use it for a house you can get benefits but if you don't you will be expected to live off the money and claim later.

You're married, so 50% of the house is yours irrelevant of what he wants to do with his part of the money.

Get legal advice now, don’t tell him you’re doing this as he’s clearly trying to rip you and your children off.

You need to get a solicitor very quickly to prevent him selling. It is not his house, it's a marital asset.

No advice on the split of the house. You need professional advice on that. It's unlikely to be as simple as you being entitled to half of it.

As to means tested benefits the value of your share of the house, if indeed you have one, can be disregarded while it's for sale or steps are being taken to that end.

I don't know how they classify assets not in your name for UC, but the house doesn't actually belong half to OP. Marital assets/debts are a class created by the act of divorcing. While you're married the assets/debts belong to the person their name is in. There is nothing to stop him selling the house if its solely in his name unless you register your matrimonial rights as a charge against the house. Of course a court wouldn't be impressed by him selling the family home and he would still be ordered to pay you your share, but unless you register your.rights he can just sell it. OP doesnt actually own the asset so I hope UC wouldn't count it but that would be something to ask them.

You can apply for benefits seperated under one roof but it's a more difficult process and less straightforward. I'd talk to Citizens Advice, UC and if you can afford even just a one off I'd talk to a lawyer. Even if you agree to walk away with nothing s court can still impose a different financial split and if this is very uneven asset split they'll require you to have gotten independent legal advice so that you fully understand what you're doing.

Thank you so much for your advice. My name isn’t on any documents so I do t legally own the house. I’m not bothered or have any interest in chasing him for half this half that. I know he will support his children. I just need a clean break away but need to know me and the kids will be ok as they are 13,9 and 3 so very much dependant on me x

I can kind if understand the position of not wanting to “chase him” HOWEVER you need to think about how you are going to house your children for the next 15 years. Can you do this without a financial settlement (which will include the value of the family home). Think of it as securing a stable future for the children. You definitely need legal advice.

Your best way of being able to support yourself and your children is with a share of marital assets, which includes property and pensions. Chasing him for half of things os very unpleasant but you need to do it as part of the divorce.

You cannot know that he will support his children - you may believe it now but circumstances change after a divorce, and so do attitudes towards money and fair provision.

Also put in a CSA claim if he receives any income.

Be wary Op, Mumsnet is full of posters who thought that their ex husbands would support their kids but didn't.

Give help to claim a call. www.citizensadvice.org.uk/benefits/universal-credit/claiming/contact-us-about-universal-credit/

Are you getting divorced?

When it comes to benefits, the state gets very upset if it has to pay benefits because a married man tries to take all the assets of the marriage and not use them to support his children.

If you are getting divorced and you put in a financial order saying that you don't want any assets and your husband will keep them all the judge will not allow this to pass for two reasons - one it is not fair and two it will result in the state having to support the children and you when your husband should be paying his fair share.

You need legal advice.

Regardless of if your name is on the paperwork, you're married and entitled to something - you need to get legal advice.

It's in your children's best interests that you're financially stable and have what you're entitled to. If you're not doing it for you, do it for them x

Your names don’t have to be on the documents.

If I were you, I’d take 50% in order to support the kids. It’s not unusual for exes to go back in verbal agreements once reality sinks in and they develop other priorities like wanting to go on holidays or buy with their new gf.

OP, with kindness, if you have a 13 year old child then this has been a long relationship? I guess you have been a SAHP the whole time so have no savings, pension or assets if your own?

You 100% fight for what is rightfully yours.

It also depends on the length of the marriage .

This !

It is sensible to get a financial order in place which caters for the needs of the children. Then it's all written down in a properly legal way and no one can come along amend change it. This is securing the arrangements for your DC OP think of it that way

You can claim universal credit, although won't be able to claim for the housing part if you have no housing costs (sorry that's probably stating the obvious!)

If/when the house is sold and you get any money if/when you divorce, at that point UC will disregard the money for up to 6 months if it is being used for:

Buying another home
Paying for care, such as moving into a residential care home
Repaying debts
Supporting dependents

CAB can be good, but they aren't perfect when it comes to tricky situations like this. Apply for UC when the time is right, they will assess your situation but I imagine based on what you've said, you will be entitled as you have no property in your name.

So basically you want to give your half of the assets you own as a couple to your husband and ask the state to support you?

You do legally own half of the house, even if your name has never been on any of the documents - it's a marital asset, so it's 50/50 as the starting position, and nothing you've said reduces your share. That's the legal position.

The UC position is that they will disregard your share of the house for 6 months while it is being actively sold, but then you'll need to live off your share. If you give that up, they'll consider it an intentional deprivation of assets and treat you as if you still have it.

Presuming you are over 25, you'll get £393.45 for you, plus £333.33 for your first child and £287 for your second, so a total of £1013.78. There may be additional rates payable if you or your child have a disability and receive an appropriate disability benefit at a middle or higher rate; or if you've got ofsted-registered childcare costs for any of the children.

While you've got no housing costs, you'll be able to earn £673 a month before your UC is reduced, and £404 when you do have housing costs. Housing costs will be paid at your LHA rate, which you can find on your council website, and how many bedrooms you'll be entitled to will depend on your children's ages and genders.

CAB are not the most clued up about UC, unfortunately.

Do not do this OP - I gave my ex husband everything many moons ago as I was the one who wanted out and he was 'heartbroken'. Within 4 months he had moved another woman in - who he subsequently married-

Emotions are very heightened at a time like this and we don't all think with our heads - by the point of 14 months with another woman happily with feet under the table and divorce finalised I was busy thinking WTF have I done ( financially)

And it wasn't straight forward claiming benefits either. As had to jump through hoops explaining why I had little money. Luckily was only a short period as I worked .

You need to think of you and your children - regardless of why the split is as 2 years down the line you may feel very very different when he's getting by nicely and you are struggling- unless of course you have pots of money anyway in your own name that he isn't coming after.