£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.

OP, please seek advice on this matter. Legal or welfare rights/ CAB.
Issues of capital and current / past income will be considered.

Maintenance from an ex partner is classed as income for UC, while child maintenance is not.

And do it now. Before he starts moving assets into the new woman’s name.

You need your own solicitor ASAP. This man is SCREWING you over. He sounds fucking awful.

@NeverGoingToGiveYouUpButIMayLetYouDown I can understand why you think you should be able to claim UC. But the rules on deliberate deprivation of capital are quite strict. If you didn't have to give him the money, it will likely be seen that you could have kept it, even if you morally felt it was right to give it to him.

Due to a complex issue with a will and possible inheritance, we have had to seek specific advice about DOC from the Universal Credit team. They have sent our query to a specialist advisor because the rules are complex and ultimately it comes down to a decision maker judging whether the claimant intended to reduce their capital in order to claim.

I think you are likely to find that even if you were entitled to give him the £100,000, that will form part of the marital pot, and you will be expected to get as much money as you are entitled to from the divorce, including forcing sale of the house to release your share of the equity. The fact that he stumped up £100,000 will be irrelevant because you're married.

The debt to him was because he was the full-time working partner, whilst I chose to rear the children and work part-time

OP, give your head a massive wobble! He’s telling you complete lies! I got divorced after being a SAHM and my solicitor said I was entitled to 50% of the assets! That’s how it is. If you hadn’t looked after the children, he’d have had to pay someone to. You being a SAHM is your equal contribution to the marriage.

However, I’m not sure I totally believe you. Sorry, it does sound a bit like you’re more aware than you sound and that you’re purposely depriving yourself of assets in order to claim UC. Be warned - a friend did similar (hid savings in a relative’s account) and they were taken to court and have to pay back the UC.

Not a good idea, OP. You will be caught - and rightly so.

Yes, I don't understand how you can loan money to your own spouse. Surely it all jointly belongs to both of you until after you divorce and it's split? Maybe someone can explain it better?

OP get a solicitor. Doesn’t even matter which, the first one out of the phone book should give you better advice than you’ve had so far.

Yes, UC will absolutely see this as deprivation of assets. So don’t just roll over and let him take money which is yours.

Get what you are owed in the divorce. You can be supported from the marital pot, not general taxation.

"The debt to him was because he was the full-time working partner, whilst I chose to rear the children and work part-time"

Bloody hell, OP, assuming you're both in the UK, the marriage laws don't work that way! Seconding PPS urging you to get proper legal advice - you sure sound like you need it.

He is taking all the money and the home

he is abusing you right now get legal advice and fast

are you still in the home

Pull the other one.
What you are doing is not worth the risk.

I know - I have a relative who works for DWP and they will heavily investigate this sort of back story as being a big red flag - it won’t end well for you if and when your claim is found to be fraudulent.

What the hell? This sounds completely wrong.

I would get a second opinion from a different solicitor, without his knowledge.

This. LISTEN TO HER.

You are entitled to a fair share - very possibly more than half, of everything, including cash pensions and house.

Get your own lawyer.

Forget about UC for the moment - that's not the issue here.

I'm not a solicitor.
I live in the UK and I have good general knowledge, and I have friends who have got divorced.
If this thread is real, and it appears it is, this is the most clueless soon to be divorced person ever. Get off Mumsnet, get a decent solictor and get a new agreemment asap. Please follow all the advice you have been given.

You'll need a paper trail that the money you have transferred to him was a loan, otherwise it will be considered to be deprivation of assets in relation to your UC claim.

You seem remarkably passive about being thrown out of your own home to let your DH and his new pregnant woman move in. You have cancer and can't work and you have children who will be home in the University vacations so surely your need of your family home is as great if not greater than his.

I must say that he sounds like a total cunt.

@NeverGoingToGiveYouUpButIMayLetYouDown Please listen.

I don’t think it will look good for you tbh .

Agreed.

"He said he will be able to prove how he and his new partner, who is expecting, will need our home more than I. My children are at University."

Oh, that's funny. 😅

It doesn't matter if she's expecting octuplets, the house and all other marital assets are still half yours. That's how marriage works.

Well doesn’t he sound like a champ! I wouldn’t have paid it back to him, even if it meant being mealy-mouthed!

It will look very dodgy, I’d seek legal advice if you haven’t already. Sorry your (ex) is such a…

How does one half of a married couple end up owing so much to the other and why would you have had his savings in your account? Very suspicious.

This, OP.

Listen to this wise poster and please do as she advises.

You are legally entitled to a substantial portion of the assets you and your husband own. The legal starting point for division is 50/50.

This includes property, pensions either of you have, savings, anything in either of your bank accounts, any other assets either of you have.

You absolutely must get legal advice from your own solicitor. Do not divorce him until you have had legal advice about the finances.

Your issue is not the DWP, or UC, or deprivation of assets. It is that you need urgent legal advice about your finances upon divorce.

This is the best advice on here.

Yes, please listen to PPs. Find your anger and a solicitor who will fight for you and get you what you're entitled to. The last thing you need in your situation is to be left high and dry by your crooked stbex and his new baby momma. Wishing you the best.

Universal Credit excels at not seeing information thats in front of it.

I doubt that they will notice