Universal credit separated couples co-parenting

[Kellymarie3000]

Me and my partner split up a few months ago, we're amicable and friendly and trying to coparent well, We have a house and a Mortgage, the mortgage is in his name, since splitting up I've been recieving universal credit, (but not the housing part) I send the money for all the bills to him, I pay for all the shopping clothes school expenses etc,and he pays the mortgage and doesn't pay child maintenance as of yet, we have 3 children, one of which has SN, he receives DLA and I receive carers allowance, I'm worried that the bills should be in my name? My ex doesn't think it's necessary but I'm so grateful and rely on the financial help we get that I want to make sure I'm doing everything right, due to our lovely boys high care needs my ex needs to spend time at the house to help with the other children, am I right in thinking that because I don't claim for housing that he's ok to stay here sometimes? He spends time at his sister's and here and is about to rent somewhere close. I've been googling and worrying! Any help greatly appreciated 🥰

What's important is that you're clearly separate households, with your own bills and council tax in your own names.

You should get the bills put into your name.

It's fine if he stays over occasionally, provided he isn't contributing into the household finances any more so than a kind friend who was babysitting would

Thankyou for your reply! I think what's confusing me is that, he owns the home, he pays the mortgage, and his children live here, so he is naturally contributing towards anyway?

The fact that he is still paying the mortgage probably isn't ideal really - could he switch to paying the mortgage payment to you as child maintenance, and you pay the mortgage?

Apologies if I've missed this but are you still living under the same roof?

He was staying around 2 nights a week to help with the kids, he's had to stay over a bit more recently as we have a little one with high care needs and they've been poorly, he's looking for a place to rent and spends time between his sister's and here until then, I don't claim the housing part of UC and wouldn't be able to put the mortgage in my name, once he's got his own place he can write up a legal rental agreement for me and I could claim the rent then is what I've been advised, I just want to make sure we're legit and I don't end up having to pay loads of money back

This could be a issue, if he’s not rented out the house before UC could question this.
And Its not as simple as write up a tenancy agreement anymore, he’d need to regiester as a landlord & have all the correct insurances/pay the landlord fees where applicable or they can refuse.
the DLA needs to go into your name really otherwise you’re still blending finances and can cause you issues further down the line.

Thankyou, DLA is in my name for our little one, I'm registered as his carer, I've had to stop working for now, we're in the process of putting all the bills in my name, but the mortgage is confusing us both 😵‍💫 were both very sleep deprived and confused haha

You've been misinformed about the rent - you can't get benefits for rent if you rent off an ex partner who used to live in the property that's being rented https://england.shelter.org.uk/housing_advice/benefits/claiming_benefits_if_you_rent_from_family

You wont be able to claim the rent as it would be seen as contrived tenancy.
I live in the house I shared with my ex, and I can't claim the housing element for the same reason.

So the plan is.... you 'rent' from him using UC to pay the rent and paying off the mortgage?
Will he not need to change to a buy to let mortgage? Is that even legal as you're then using state benefits to pay off your partners mortgage?!

OP wont be able to anyway as it will be seen as contrived.

Sounds all about fraudulent, I wouldn’t be surprised if you get investigated and have to pay it all back, plus a fine.

Yes this is my worry. I was advised this from a financial advisor and my ex called Universal Credit and spoke to someone who said it was ok, but like I said I want to make sure everythings above board so just looking for friendly advice, Uprooting and moving is not an option at the moment, just trying to get by the best we can, it wouldn't even cover the mortgage. But I'm trying to make sure I'm financially secure for now and finding all the advice and information confusing 😕

From the Shelter link posted above....

Renting from an ex partner
You can get universal credit housing costs to rent from an ex partner if you have a proper tenancy agreement.
You cannot claim housing benefit if either:

• you lived as a couple in the home you now rent
• you have a child together who is under 16 and lives with you

Both apply to you.

Thanks, yea I saw that, I'm getting very conflicting information from everywhere!

To be honest the whole thing sounds likeca mess and borderline fraudulent, your ‘ex’ doesn’t even have his own place, still stays over and still shared finances. It looks like you are both trying to extract UC to increase your joint income. I would expect to be investigated at some point. UC should be a safety net not facilitate parents to mess about like this to scam the system!!

I am not getting that from this thread, and it is annoying when people are quick to shout fraud.

The benefits system can be tricky to navigate, and OP is just trying to make the best out of a shit situation.

They are spit up, OP lives in the house they shared, and her ex is co-parenting. I am not sure how that is fraud. Even if her ex still lived in the house, it would be ok as you can be separated, still live together, and have separate claims for UC.

The bills need to be in your name and he needs proof that he is living g elsewhere, a tenancy.
What address is his gp, dentist and bank?

They are spit up, OP lives in the house they shared, and her ex is co-parenting. I am not sure how that is fraud. Even if her ex still lived in the house, it would be ok as you can be separated, still live together, and have separate claims for UC.

How can they prove they are separated if they both still live in the same house and both look after the children? And the house and bills are all in his name?

You don’t have to be living together full time to be classed as a couple. You can be seen as a couple for multiple reasons these days some of which you wouldn’t necessarily think of.

I’d tread carefully.

You have to prove to the DWP that you are indeed separated.
Lots of couples split and still live together because moving is expensive and can't always be done straight away.
In that case, they are in effect housemates and can claim UC separately.

Unfortunately the staff on the universal credit phone line are very poorly trained and often give wrong information.
Financial advisers aren't usually knowledgeable about benefits.

A conversation with citizens advice (local one, not the national helpline) might be helpful

This idea that people can decide to ‘persue personal happiness’ by opting out of parenting, expecting other people to pick up the bill and even have the cheek to claim as a single person whilst you are living in your ex’s place and they cover the mortgage, even hoping you can get their mortgage coveted by getting a ‘tenancy agreement’ drawn up, so the state pays the kids parent for housing them! WTF!!!!

OP and her ex are co-parenting. Her ex is not opting out of anything. Did you read the OP post at all?

People who are a couple have a joint UC claim. If you are split up, you can claim as separate people. That is how the system works. People split up and are trapped in a tenancy all the time. Not everyone can afford to move out from the day their relationship ends.

OP has asked, and has been told she can't claim housing benefit to cover her ex's mortgage. So either she will have to move out of the property and rent, or her ex will continue to house her and pay the mortgage.