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Original poster

UC want all my money back…

577 replies

MapleHazelLatte · 19/09/2025 08:11

I applied for UC when I separated from DC’s father 3 years ago. I have since been living with my parents and he stayed in the house we bought together. I’ve been asking him to take my name of the mortgage to give me my share but he just has been dragging his heels about it. I applied for UC when we split up.

i then got a notification to say I was having a review phone call. Apparently someone had accused me of still being with DC’s father. I had to send all my bank statements for the last 3 years and fill out forms regarding the house. Originally I vaguely remember they did say they would disregard the house for 6 months then I heard no more.

a couple of months later I was told I had been overpaid but it was only slightly and a manageable amount to pay back.

I’ve not got another letter saying I shouldn’t have got UC since 2022 and they want ALL the money back other than the first 6 months. It’s “disallowed” I’ve worked this out to be around £30k. I have no idea what I’m going to do. Anyone else been in this situation ??

OP posts:
JenniferBooth · 21/09/2025 16:50

MissScarletInTheBallroom · 21/09/2025 15:10

I would say it was highly relevant to the question of whether she needs benefits to live on.

You cannot feed yourself or your children with money you can't access, can you?

Edited
Show quote history

I think there some posters here who would want the OP to go to prison which would mean the kids have to go into care. Which would cost a lot more but then this is not about money Its about ideology.

MissScarletInTheBallroom · 21/09/2025 16:56

JenniferBooth · 21/09/2025 16:50

I think there some posters here who would want the OP to go to prison which would mean the kids have to go into care. Which would cost a lot more but then this is not about money Its about ideology.

Show quote history

Absolutely.

Roobarbtwo · 21/09/2025 16:59

JenniferBooth · 21/09/2025 16:50

I think there some posters here who would want the OP to go to prison which would mean the kids have to go into care. Which would cost a lot more but then this is not about money Its about ideology.

Show quote history

She's not going to go to prison. I certainly don't want that for her but this is going nowhere. She needs legal advice and that is it

LoftyRobin · 21/09/2025 17:01

Flakey99 · 21/09/2025 15:11

Good name, You must live in Cloud Cuckoo land.

Your advice is based on complete bollocks! A person is allowed to live in a mortgaged house and claim UC. If the OP was still living in the house, they couldn’t insist that she sells it and makes herself homeless, you absolute numpty!

@MapleHazelLatte You need to speak to a specialist Independent benefits adviser and take along all your paper evidence in order for them to properly review your case and deal with UC on your behalf. Much better than trying to resolve it yourself.

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She isnt living in the house. What you are proposing would allow a couple to split up and one keep the house supposedly "refusing to sell". They could then keep the house as a joint asset while it rises in value so they have a nice little inheritance for their kids and haven't had to lose the big, comfy family home as part of their split. The other partner could take the kids, claim CB, meaning they can claim UC and get access to social housing. So they live for very cheap, keep all their marital assets, but still get to live the separate lives they crave.

All along they are doing 50/50 custody and get along fine. They just dont think they should lose anything for needing to split and should be catered for by the government.

Swandry · 21/09/2025 17:09

Soontobe60 · 21/09/2025 17:07

No it isn’t. I had a free hour’s legal advice fairly recently.
Try this website OP.
https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you

Show quote history

A legal advice clinic isn’t the same as a solicitor.

Soontobe60 · 21/09/2025 17:09

JenniferBooth · 21/09/2025 16:50

I think there some posters here who would want the OP to go to prison which would mean the kids have to go into care. Which would cost a lot more but then this is not about money Its about ideology.

Show quote history

Can you point out those posts? Also, the children have both a father and live with their grandparents so your claim that prison means they’d go into care is nonsense. Stop talking rubbish.

Soontobe60 · 21/09/2025 17:15

Swandry · 21/09/2025 17:09

A legal advice clinic isn’t the same as a solicitor.

Show quote history

The Law Centres Network is staffed by lawyers.

Swandry · 21/09/2025 17:15

Soontobe60 · 21/09/2025 17:15

The Law Centres Network is staffed by lawyers.

Show quote history

I understand that but it is not the same as a solicitor.

Lovingbooks · 21/09/2025 17:20

JenniferBooth · 21/09/2025 16:50

I think there some posters here who would want the OP to go to prison which would mean the kids have to go into care. Which would cost a lot more but then this is not about money Its about ideology.

Show quote history

What are you talking about she won’t go to prison for overpayment of benefit. The kids have a father who does contribute but not formal CMS. They also live with grandparents who support OP and her children since split with her partner.

JenniferBooth · 21/09/2025 17:28

I didnt say she would go to prison I said thats what some would want

KilkennyCats · 21/09/2025 17:31

JenniferBooth · 21/09/2025 17:28

I didnt say she would go to prison I said thats what some would want

Based on what?

Mum2EmLuJa · 21/09/2025 19:27

napody · 19/09/2025 08:32

Clearly not enough if he's refusing to sell- do you have any idea how long forcing a sale takes? Can you see its hardly the same as having a second home as 'a pot of money just sitting there'. If you see this rule as fair I can't help you.

Show quote history

This! It takes ages-as someone going through the process now. I originally applied in April, I have had 2 hearings and now have my final hearing scheduled for end of October so that is 6 months before house even goes on the market, then will need to wait for a buyer and then for a sale to complete. The OPs situation is different to mine in that I am just wanting my lowlife ex (split 15 years ago!) to sell a house we both own that lives in but if I was in OPs situation or had to flee an abusive relationship 6 months is not enough time

Bromptotoo · 21/09/2025 19:38

KilkennyCats · 21/09/2025 14:35

What hilarious about not having a city and guilds qualification in gaming the benefit system?
I’m bloody glad I’ve no part in it, thank you.

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The OP made a mistake, whether through oversight or ignorance she failed to recognise the need to sort out another capital disregard after the six months upon estrangement ended.

If DWP were on the ball they'd have picked it up at that point and asked her what was happening.

They could have told her that, as I've pointed out repeatedly in this thread, that Para 6 of Schedule 10 in the 2013 UC Regs allows premises to be disregarded where steps are being taken to dispose of them.

Seeing a Solicitor, or probably an advice agency to get advice on steps needed to dislodge the ex and sell the place would be a perfectly reasonable start. Those steps need to be followed to a conclusion but that might well be 'game not worth candle', it'll cost more than she'll gain.

Rosscameasdoody · 22/09/2025 07:35

Sultryjazznights · 21/09/2025 15:48

If OP us adamant she wants UC, she can take her name of the property deeds and get nothing.

Personally, I would go down the equity route. OP seems to think she can have it both ways.

Show quote history

That would be deprivation of assets unless she had a very good reason. She’d still likely get nothing in terms of UC.

T1Dmama · 22/09/2025 08:57

Well the ex has stitched you up and actually himself by not buying you out and taking your name off the mortgage.
The overpayment is because you have equity in a house that you’re not living in!… so in their eyes it should be sold and you use that money to either live on or buy another house.
I would start by calling universal credit and explaining your situation … for example how much equity is in the house? Are you entitled to any? Is the house to be split 50/50…. Well actually your debt is his debt too if married so now the house needs to be sold, £40k paid back to UC and then the remaining equity halved… this is after all his fault too for not getting the house sorted! If there’s no equity or not enough equity to do this then you tell UC the situation and they will tell you what to do (whether you can appeal the amount owed etc)

T1Dmama · 22/09/2025 09:19
  1. CALL UNIVERSAL CREDIT AND ASK FOR ADVICE. TELL THEM YOU HAVE NO ACCESS TO MONEY IN HOUSE AND EX WONT REMOVE YOUR NAME BECAUSE HE IS ABUSIVE.
  2. PUT IN A CLAIM TODAY FOR CHILD MAINTENANCE.
  3. DON’T USE YOUR DADS MONEY TO PAY BACK UC. YOU MEED TO KEEP THIS DEBT SO THAT WHEN YOU GO TO COURT THEY TAKE IT INTO ACCOUNT THAT YOUR EX WOULDNT TAKE YOUR NAME OFF HOUSE SO HE IS LIABLE FOR THE AMOUNT! (DO YOU HAVE PROOF HE HASN’T DONE IT & YOUBE ASKED SEVERAL TIMES?
  4. TELK YOUR EX THAT HIS INABILITY TO REMOBE YOU NOW MEANS THEIRS A £30k DEBT AGAINST THE HOUSE!

To be honest @MapleHazelLatte I think UC will see the debt as being against the house you jointly own.. if they go down the sect collection route they will take it from the house, they will likely force the sale of the house to get the money back.

Now you need to call a solicitor and call UC.

you are allowed quite a lot of savings before UC is affected, so your half of the equity if obviously more than what you’re allowed in savings.. so he’s lying about that! And as the house is owned 50/50 you’re entitled to hold despite not paying the mortgage… he’s stitched himself up by not buying you out and getting your name removed!
Don’t tell UC your dad is willing to help you,
and instead use the money he is willing to give you to pay a solicitor to force your ex to sell the house!
1.

verybighouseinthecountry · 22/09/2025 09:48

I was supporting someone recently who had to repay £19k back for the same sort of reason. They were advised that they had to pay £250 pcm, but to phone if they wanted to negotiate this. They are now paying £5 per month, so I wouldn't worry too much about this OP.

SameOldMe · 22/09/2025 10:09

User1839474 · 19/09/2025 17:22

That’s absolutely not true at all. You really should check your facts before giving advice.

Show quote history

My advice is to seek legal advice - first thing i said.

Roobarbtwo · 22/09/2025 16:31

T1Dmama · 22/09/2025 09:19

  1. CALL UNIVERSAL CREDIT AND ASK FOR ADVICE. TELL THEM YOU HAVE NO ACCESS TO MONEY IN HOUSE AND EX WONT REMOVE YOUR NAME BECAUSE HE IS ABUSIVE.
  2. PUT IN A CLAIM TODAY FOR CHILD MAINTENANCE.
  3. DON’T USE YOUR DADS MONEY TO PAY BACK UC. YOU MEED TO KEEP THIS DEBT SO THAT WHEN YOU GO TO COURT THEY TAKE IT INTO ACCOUNT THAT YOUR EX WOULDNT TAKE YOUR NAME OFF HOUSE SO HE IS LIABLE FOR THE AMOUNT! (DO YOU HAVE PROOF HE HASN’T DONE IT & YOUBE ASKED SEVERAL TIMES?
  4. TELK YOUR EX THAT HIS INABILITY TO REMOBE YOU NOW MEANS THEIRS A £30k DEBT AGAINST THE HOUSE!

To be honest @MapleHazelLatte I think UC will see the debt as being against the house you jointly own.. if they go down the sect collection route they will take it from the house, they will likely force the sale of the house to get the money back.

Now you need to call a solicitor and call UC.

you are allowed quite a lot of savings before UC is affected, so your half of the equity if obviously more than what you’re allowed in savings.. so he’s lying about that! And as the house is owned 50/50 you’re entitled to hold despite not paying the mortgage… he’s stitched himself up by not buying you out and getting your name removed!
Don’t tell UC your dad is willing to help you,
and instead use the money he is willing to give you to pay a solicitor to force your ex to sell the house!
1.

The dwp will not force the sale of the house

Cloudtime · 23/09/2025 08:15

INeedNewShoes · 19/09/2025 08:54

I'm staggered that you've managed to receive £30k UC over three years while living with your parents so no housing element.

I'm a single parent and the most I've ever received in a month is £300 and most months it's more like £100. Barely worth the hassle of reporting my income to them.

You are clearly earning over the £600 ish per month limit then and she is not . Hardly staggering

Onmytod24 · 23/09/2025 14:16

The OP has not come back because she’s found all her wailing has got her nowhere. She’s got a massive asset. She lives with her parents rent free. It’s obvious what she needs to do. Let’s hope she does it.

Bromptotoo · 23/09/2025 15:21

Onmytod24 · 23/09/2025 14:16

The OP has not come back because she’s found all her wailing has got her nowhere. She’s got a massive asset. She lives with her parents rent free. It’s obvious what she needs to do. Let’s hope she does it.

The asset may be massive but I'd guess its market value, with the co-owner sitting tight, is massively less than with vacant possession.

If @MapleHazelLattehad been properly advised, even by DWP, after initial 6 months then as well as advice on forcing sale gettin a proper market value for her share as is would have been a good idea.

We can only hope she got to CA or another advice agency and is being helped to dig her way out.

Katana66 · 23/09/2025 19:37

MapleHazelLatte · 19/09/2025 08:11

I applied for UC when I separated from DC’s father 3 years ago. I have since been living with my parents and he stayed in the house we bought together. I’ve been asking him to take my name of the mortgage to give me my share but he just has been dragging his heels about it. I applied for UC when we split up.

i then got a notification to say I was having a review phone call. Apparently someone had accused me of still being with DC’s father. I had to send all my bank statements for the last 3 years and fill out forms regarding the house. Originally I vaguely remember they did say they would disregard the house for 6 months then I heard no more.

a couple of months later I was told I had been overpaid but it was only slightly and a manageable amount to pay back.

I’ve not got another letter saying I shouldn’t have got UC since 2022 and they want ALL the money back other than the first 6 months. It’s “disallowed” I’ve worked this out to be around £30k. I have no idea what I’m going to do. Anyone else been in this situation ??

Get in contact with a debt charity, explain the problem, see what they can advise,

AirborneElephant · 24/09/2025 09:08

If your dad is in a position to help you I’d strongly suggest using some of the money on a solicitor. You need a court order to force the sale of the house and, importantly, you need to receive your full share of cash from the sale whatever that is. If you legally own 50% you must get 50% of the proceeds after paying off the mortgage. You can’t agree with your ex to give him more, it will be seen as deprivation of assets and you will get into even more trouble.