Page 5 | UC want all my money back…

MapleHazelLatte · 2025-09-19T07:11:54+00:00

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 ??

JJZ · 19/09/2025 10:04

@MapleHazelLatte if you decide to download your office copies for your property from the Land Registry (£7) to check your standing in relation to the property (how it’s held etc), and you need help interpreting it, send me a PM.

Good luck.

Lovingbooks · 19/09/2025 10:09

A local solicitor could offer advice if you are facing an interview under caution with the DWP, but from what you have said they have made a decision and want the overpayment back. If you are working part time supporting children then you need to understand how much they are expecting you to pay and how, as a large sum they should be options does the letter refer to next steps? They may take directly from your wages. You living with parents against staying in a property you owned (even if it’s with ex) looks a strange decision from DWP view, did you claim for housing element of UC, do you give your parents any rent?

DownThePubWithStevieNicks · 19/09/2025 10:14

OP, have you been on the same mortgage deal since you left? If so, is it on a fixed rate deal and when will that expire? That’s the time to sort out no longer being on the mortgage.

That doesn’t sort out the ownership issue (assuming you are on the deeds) but might at least serve as a prompt to deal with that - it will be harder to get a mortgage in his sole name if you are still on the deeds.

Fayaway · 19/09/2025 10:20

Spinningonthatdizzyedge · 19/09/2025 10:00

Regarding the fact that the OP told UC about her property - that point makes no difference to whether she has been overpaid UC.

UC overpayments are always potentially recoverable (they can be waived but it's not common)- it doesn't matter if a mistake in assessing entitlement was made by UC (rather than by for eg the OP withholding information about her circumstances).

Yes so hopefully the OP will eventually see this as a loan to get herself through tough times, pick herself up and work on her career so she can pay this back. I’m not making any moral point just saying that, if she gets bogged down with fighting this and looking back, it could take more time and energy than moving forwards to a more positive future. This is after using @MissScarletInTheBallroom ‘s really useful and comprehensive advice above.

Bromptotoo · 19/09/2025 10:21

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.

I think OP said 3 kids with youngest still pre school and work earnings of £700/month. May have been more SAHM while older kids were not in school.

Back of a fag packet. Professional benefit tool says, at 2025/6 rates a little over £1,000/month. As they're not getting housing costs they'll get the higher work allowance of £684 so the deduction for tapered earnings is a nugatory £8.

Jollyhockeystickss · 19/09/2025 10:24

Its not your money its their money and its not your ex's job to take you of the mortgage its yours, they are accusing you of fraud presumably because you own a property which it appears you didnt disclose to them so you need to tell the property to pay them

Bromptotoo · 19/09/2025 10:29

Lovingbooks · 19/09/2025 10:09

A local solicitor could offer advice if you are facing an interview under caution with the DWP, but from what you have said they have made a decision and want the overpayment back. If you are working part time supporting children then you need to understand how much they are expecting you to pay and how, as a large sum they should be options does the letter refer to next steps? They may take directly from your wages. You living with parents against staying in a property you owned (even if it’s with ex) looks a strange decision from DWP view, did you claim for housing element of UC, do you give your parents any rent?

Edited

Interviews under caution are for cases where fraud is a realistic prospect - usually this happens to women who've acquired a partner and knowingly failed to add them to UC.

Issue here seems to be that @MapleHazelLatte didn't appreciate the need to keep UC informed and take action so the disregard at Para 6 in Sch 10 of the Regs was applied.

Error not fraud.

NotEnoughKnittingTime · 19/09/2025 10:30

MaryGreenhill · 19/09/2025 09:57

Oh and just to nit pick it's not your money @MapleHazelLatte,it's the tax payers .

Don't be an arse.

ComfortFoodCafe · 19/09/2025 10:33

Jollyhockeystickss · 19/09/2025 10:24

Its not your money its their money and its not your ex's job to take you of the mortgage its yours, they are accusing you of fraud presumably because you own a property which it appears you didnt disclose to them so you need to tell the property to pay them

Before you get arsey & on your high horse with op. Its not fraud, get your facts correct.

Narwhalsh · 19/09/2025 10:33

Why should you pay the whole lot back? Let’s say you did take the £16k off your ex after 6 months of separation, lived off that and your income. How long would that last? So you’d deplete the £16k to the allowable savings limit in say 1 year or whatever and you’d be back to claiming UC. So how can you owe the whole lot back?!

Bromptotoo · 19/09/2025 10:34

Narwhalsh · 19/09/2025 10:33

Why should you pay the whole lot back? Let’s say you did take the £16k off your ex after 6 months of separation, lived off that and your income. How long would that last? So you’d deplete the £16k to the allowable savings limit in say 1 year or whatever and you’d be back to claiming UC. So how can you owe the whole lot back?!

Another argument that might go in an MR request.

Muffinmoo · 19/09/2025 10:36

MapleHazelLatte · 19/09/2025 08:48

I understand it but it wasn’t made clear and as I said I’d told them a few times I was still on the mortgage but had received no money from the house. He can’t be arsed is what it boils down to, and it’s a control thing as he doesn’t want me to have any freedom with my own money if you know what I mean. I’ve asked him to take my name off and he just says yeah I’ll have a look it’ll be about £16k then I don’t hear anything else. As I didn’t contribute much to the mortgage when we were together and not at all for the past 9 years as I’d been a SAHM I’ve felt like I shouldn’t be owed much. I’ll ring citizens advice today 😔

Have you not spoken to a lawyer about what you’re entitled to? How did you own it? Tenants in common? If so in what shares? Joint tenants? I presume you weren’t married?

the mortgage, who is named on it (though it usually follows legal title) and who pays it doesn’t have a direct bearing on your beneficial interest. And yes you should have forced the sale years ago.

Blushingm · 19/09/2025 10:37

Narwhalsh · 19/09/2025 10:33

Why should you pay the whole lot back? Let’s say you did take the £16k off your ex after 6 months of separation, lived off that and your income. How long would that last? So you’d deplete the £16k to the allowable savings limit in say 1 year or whatever and you’d be back to claiming UC. So how can you owe the whole lot back?!

Because if it was £16k 3 years ago it’s likely to be more now.

Narwhalsh · 19/09/2025 10:39

Blushingm · 19/09/2025 10:37

Because if it was £16k 3 years ago it’s likely to be more now.

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16k in a easy access account which you are pulling from isn’t going to get much interest.

MyrtlethePurpleTurtle · 19/09/2025 10:44

MapleHazelLatte · 19/09/2025 08:54

I’m fucked

@MapleHazelLatte - go to Citizens Advice to see how fucked you are and what practical steps can be taken to mitigate

Thelittleweasel · 19/09/2025 10:45

@MapleHazelLatte

Bailiffs cannot attend until a debt has gone to the county court though "debt collectors" may. That takes a long time and if you do get papers you must go to court. Letters, e-mails and phone calls are not enough.

Go to Citizens Advice as soon as possible. If the house does need to be sold [and I am not sure why] then the court can order a sale with which DH must cooperate.

If the DWP [or whomever administers UC] made a mistake in granting UC then they should come to sensible arrangements or may be persuaded to write off. Again CA should help

CoralOP · 19/09/2025 10:46

I really feel for you, it's a horrible situation but you can't say after 3 years you 'vaguely remember them saying something about 6 months'. This piece of information was crucial to you, it was a deadline they gave you to sell your house. Good luck,I hope you manage to sort something.

Dancingsquirrels · 19/09/2025 10:47

ComfortFoodCafe · 19/09/2025 08:24

Because uc count it as an assest after 6 months similar to savings over 6k. They would of expected op to sell it hence the 6 months grace period.
its completely unfair & wrong for those in this situation but thats how they do things.

Edited

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I don't think it's "unfair & wrong"

State benefits are a safety net for people in need. Tax payers shouldn't be paying for benefits for people who own houses they don't live in. And OP says she was told the house would be disregarded for 6 months

WFHforevermore · 19/09/2025 10:48

Moveoverdarlin · 19/09/2025 09:15

It’s your house too. You don’t need his permission. Ring three estate agents now and meet them at the house on Monday. Pictures taken by end of next week and it can be on the market first week of October. Get cracking and start paying it back.

How ridiculous. Of course she needs his permission.

Blushingm · 19/09/2025 10:48

Narwhalsh · 19/09/2025 10:39

16k in a easy access account which you are pulling from isn’t going to get much interest.

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In a house though it will grow much quicker

Blushingm · 19/09/2025 10:50

Thelittleweasel · 19/09/2025 10:45

@MapleHazelLatte

Bailiffs cannot attend until a debt has gone to the county court though "debt collectors" may. That takes a long time and if you do get papers you must go to court. Letters, e-mails and phone calls are not enough.

Go to Citizens Advice as soon as possible. If the house does need to be sold [and I am not sure why] then the court can order a sale with which DH must cooperate.

If the DWP [or whomever administers UC] made a mistake in granting UC then they should come to sensible arrangements or may be persuaded to write off. Again CA should help

But they didn’t make a mistake. The op was told she would have a disregard for 6 months……..you get your letter and are asked to contact if it’s not correct. She didn’t. She ignored it for 3 years

CoralOP · 19/09/2025 10:50

Moveoverdarlin · 19/09/2025 09:15

It’s your house too. You don’t need his permission. Ring three estate agents now and meet them at the house on Monday. Pictures taken by end of next week and it can be on the market first week of October. Get cracking and start paying it back.

What a stupid thing to suggest, please don't give out anymore legal advice for everyone's sake.

MissScarletInTheBallroom · 19/09/2025 10:51

Dancingsquirrels · 19/09/2025 10:47

I don't think it's "unfair & wrong"

State benefits are a safety net for people in need. Tax payers shouldn't be paying for benefits for people who own houses they don't live in. And OP says she was told the house would be disregarded for 6 months

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How far are you willing to go with this principle, out of interest?

Do you think it is fair for a woman with three children to be denied benefits that would help her to feed, clothe and house those children because she had to move out of the house she owned with her former partner due to domestic violence, has no ability to either live in the house or get her share of the equity out of it, and no money to pay a lawyer to help her to force a sale?

Because I would class her and her children as exactly the sort of vulnerable people that the safety net of state benefits is supposed to be there for.

How would you advise a woman in that situation to solve her problem?

MissScarletInTheBallroom · 19/09/2025 10:52

Blushingm · 19/09/2025 10:48

In a house though it will grow much quicker

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Which is entirely hypothetical until the house is actually sold, and of no immediate use to her.

EuclidianGeometryFan · 19/09/2025 10:53

MissScarletInTheBallroom · 19/09/2025 09:51

It sounds like the OP doesn't understand her legal rights and probably doesn't have enough cash to pay a lawyer.

She talks about "being on the mortgage", but doesn't mention the deeds, she hasn't confirmed whether they own as joint tenants or tenants in common, and she seems to have accepted the idea that her ex should get to keep the house and that her entitlement to it is limited to her financial contributions anyway.

In that context, can she really be blamed for not managing to force a sale of the house? It doesn't sound like she has the first clue how to go about that.

The situation has now come to a head because the government is saying that she must repay an amount of Universal Credit that exceeds the amount her ex partner says she is entitled to from the house. Clearly this would be an incredibly unfair outcome and she needs to find a way to fight it.

And as difficult as it will most likely be to force a sale of the house, she's more likely to be able to force her ex to sell a house she owns part of than she is to convince the government to waive a large debt.

The first step is to find out how the house is owned (joint tenants, tenants in common in equal shares, or tenants in common in unequal shares), roughly how much the house is worth, and how much equity is in it.

This means she needs:

the legal documents from when they bought the house and ideally copies of any legal advice they were given by their conveyancing solicitor at the time;
at least one current valuation by an estate agent; and
confirmation of how much is left on the mortgage.

As an owner of the property she is entitled to get all of this information and ex is not entitled to withhold it from her.

Once she has that information she can write back regarding the UC claim and say:

I have looked into how the property is owned and estimate that I am entitled to X amount of equity in it (better to err on the side of lowballing this estimate).
I have not lived in the property since X date because my ex partner refuses to leave, and I also cannot afford to rent privately which is why I am living with my parents.
My understanding based on the advice you gave me on X date is that my equity in the house would not affect my entitlement to claim UC. I now understand this advice was incorrect but I have no practical means of repaying the last three years of UC payments, which I used for the purpose for which they were intended (to live on).
I am going to put the wheels in motion to force a sale of the house but I understand that this could take time, given that the co-owner is completely uncooperative. Until the house is sold and I can get my equity out, I have no means to repay this debt.
Please advise on the options available to me.

Another thing she could do, which is admittedly an extreme option and does not apply if her ex is in any way abusive, is to simply move back into the house and piss him off so much that he agrees to sell it within a fortnight. Say, "The government are forcing me to repay three years of UC because they say I own this house, and that means I have no choice but to move back into it."

If, on the other hand, her ex is abusive, she should add the following point to her letter:

I cannot move back into the house and it is difficult for me to even get near it for the purposes of valuations and estate agent viewings, because I was a victim of domestic abuse by my former partner who still lives in the house.

I understand that allowing people who own properties they do not live in to claim universal credit is a loophole that unscrupulous people would exploit. But at the same time, I think that taking into account someone's joint ownership of a house they cannot live in and cannot get their money out of is also a loophole in the system that leaves people like the OP (mostly women, I reckon) extremely vulnerable.

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@MapleHazelLatte
This is excellent advice.

Don't believe what your ex tells you about how much you are owed.
What you are owed depends on the deeds, regardless of who has been paying the mortgage.

Say the house is worth £300k, and £270k is left on the mortgage. That means the mortgage company "owns" £270k of the house, and you and ex own the remaining £30k. If you bought it as joint tenants, or tenants in common with equal shares (and no ring-fenced deposits), that means you "own" £15k, regardless of who has been paying the mortgage.

If your ex won't give you copies of the paperwork from when the house was bought, go onto the land registry site:
Search for land and property information - GOV.UK

Also, you can contact the mortgage company directly for current statements, because your name is on the mortgage.

As others have said, if ex is paying all the mortgage on a house that you own part of, he is an absolute fool to let it carry on.
All the time the house is increasing in value, the amount he owes you (to buy you out) will keep increasing. Tell him this.
It is in his interest to get this sorted, get your name off the mortgage, and get your name off the deeds by paying you your share.

Search for land and property information

Find a property and get its title plan, title register and see who owns it

https://www.gov.uk/search-property-information-land-registry