£100k + Universal Credit?

[NeverGoingToGiveYouUpButIMayLetYouDown]

I want to claim UC as I am no longer able to work due to a progressive illness.

Husband and I are divorcing. I owed him money, from a verbally-agreed loan between us both, so I transferred money to him three months ago. Plus, some of his savings were in my account, so I also transferred this back to him three months ago.

Will Universal Credit look unfavourably at all this - that I transferred £100k to him, and have very little (less than £16k) left over for myself? I have never claimed benefits before, so I am nervous this will be seen as deprivation of capital, despite occuring prior to me making a claim.

But you won’t get a penny as he’ll be handing over half the £100k plus half the equity in the house.
This situation is NOT what UC is for. It’s fraud, pure and simple.

Agreed.
also does OP know that spousal maintenance is deducted £ for £ from UC, so even if entitled to UC it will be seriously reduced.
All sounds so dodgy, minimizing marital settlement to claim UC…

No one will believe that you had serious signs of cancer, your DH handed over £100k almost the same day and within a week you were seen via the NHS so had no need for this ‘loan’. And that you kept hold of that money for 6 months until such time as you decided to divorce him and promptly handed it back, no questions asked. Plus the ‘savings’ that he oddly put into your savings account (why did he do that), which you more oddly handed back to him.

If intending to buy a home, OP is allowed six months grace before the money is counted as savings. As long as OP declares everything she’s not committing fraud.

Only if the proceeds came from a house you’ve sold. It’s a long thread. Uc it’s not clear if that’s what’s happened

I am back...

I discussed, at length, the situation I find myself in, with a new solicitor. To those who said the Judge would never have signed off the settlement - indeed, this was the advice repeated today. I was then frankly baffled as to why the joint rep had wasted our time drafting it. A consent order would not be granted on the paperwork so far; it is as useful as a chocolate teapot.

To those accusing me of orchestrating fraud, your fears cease here because I shall not be applying for UC/state benefits. The solicitor does not ordinarily deal with UC anyway.

I am only sharing numbers today as it is fair for Mumsnet to get the whole picture as to why I am not going to claim UC. Whilst we could not go through my entire financial details with a fine-toothed comb today, I was at least put at ease by the solicitor confirming she would fight for a fair settlement for me - meaning our £1.4m (pre-renovation valuation) house and savings of £390k (excluding pensions) would be split at least 50:50. Only, I feared that I spent far too much energy in January, when we purchased our new house, ensuring that it was in joint names, and not doing the same for the savings accounts. Despite having zero paper trail of me contributing towards the £390k ISAs/saving accounts, it does not matter! For reference, £100k of said £390k was in my account to make maximum use of ISA allowances.

I wanted to know if I originally could claim housing element for a 2 bed flat, despite being a single adult, so my children can stay over in between University. That was the worry keeping me up, alongside thoughts of capital deprivation.

Thank you Mumsnet as my worries have changed course, and I now focus on securing better, fairer and a more just outcome from my adulterous husband.

This is an amazing update. You get what you are owed. You have the right people fighting on your side. And yes, the adulterer’s chickens have come home to roost. Onwards and upwards @NeverGoingToGiveYouUpButIMayLetYouDown

Well done! Finally you'll get paid for your years of free labour and accomodating his career.

Excellent news @NeverGoingToGiveYouUpButIMayLetYouDown So glad you took the advice here to get your own solicitor.

Best OP update I’ve read in a long time! Well done OP and well done mumsnet!!

stick with your new solicitors advice and proceed to claim your 50% share rightly owed to you from your marriage. Don’t feed anything back to your husband about your discussions and just let the divorce and financial order play out.

Hopefully a settled financial future will help enormously with your health battles. Good luck!

Great update!

this is/was clear domestic abuse - financial abuse is domestic abuse. You should maybe even consider seeking advice from women’s aid about pursuing this criminally if it meets the coercive control threshold.

id also hold off on the divorce until the child is born- if his name is on the birth certificate it is proof of adultery- take advice from your solicitor to see if this will help you.

@NeverGoingToGiveYouUpButIMayLetYouDown I'm so pleased you've had good advice and you've gained the confidence to follow it.

I'm so glad you're not allowing your husband to screw you over. I'd also be putting in a complaint about that first solicitor who was most definitely not giving you sound legal advice. Had he/she been promised a larger % of the overall settlement from your husband for things going his way? Who knows.

If that is what happened then the consequences for him would be even more severe. She should definitely put in a complaint to the SRA though.

Such a brilliant update @NeverGoingToGiveYouUpButIMayLetYouDown. I'm so glad you're getting proper advice at last.

I can't believe your husband was planning to keep essentially all of your ALMOST £2 MILLION marital assets and leave you to claim Universal Credit. What a scumbag. Even his rightful share is more than enough to house several pregnant mistresses in, not that that is your problem.

A word of warning: be prepared for him to get very nasty when he finds out you are taking your own legal advice and going to fight for your rightful share.

What do your children think about all of this?

None on this makes sense. Everything you have between you is a marital asset. Just because he's wandering off in to the sunset with his pregnant partner doesn't mean he needs property etc more than you. He has future earnings potential so is likely to get less than half and any decent solicitor knows this. And why are you using the same solicitor. I'd get some independent legal representation quickly if I was you. The marital assets pick up your cost of living not the tax payer.

Apologies OP just read your update. So glad you're getting proper advice and help!

But the OP isn’t declaring anything, she’s saying she hasn’t got any money!

Excellent update, well done! Sorry you were ever put in the position to think otherwise.

Good luck x

Ah, good news. That all makes so much more sense.
Good luck

OP - I am sorry you have so much to deal with. Means tested benefits are not appropriate as with good legal support you should end up with a fair settlement. However there are health related benefits that are not income based and may be relevant. PIP and New Style ESA I will link to the pages to find out more and you may want to apply for those. NSESA is contribution based so if you have paid income tax in the tax years prior to this one you may be eligible.

New Style Employment and Support Allowance - GOV.UK https://share.google/93xTBxpLH74HOlKJf

PIP is related to the impact your health has on your daily life so if you have care
or mobility needs you could apply.
Personal Independence Payment (PIP): What PIP is for - GOV.UK https://share.google/hdLBPY0RYdZNwik4h

Delighted! Well done you

I for one find this story absolutely impossible to believe.

Well done OP.

Don't forget to include all pensions in the total assets pot too.

He’s likely to get nasty when he realises you have a proper solicitor and proper advice now. You can do this OP!!