Want to move out - but how?

[CanadaDry]

H and I agreed to separate back in August, the split was instigated by me. We continue to live in the same house, which is driving me mad.

We have been attending mediation to sort out the financial settlement and have filed for divorce.

In all likelihood the divorce will not come through until the summer, and we are currently stuck with mediation partly waiting for documents and partly due to H being adamant he wants to buy me out of the family home. In mine & my solicitor's opinion this is not a workable option.

Although I am scared of the next step, I am desperate to move on now as it is so hard still living together.

H will not move out of the family home and I cannot afford to unless he agrees to pay the rent (I would rent in the interim while waiting for divorce to go through / house to be sold). DS would effectively move out with me although obviously spend time with H as well.

I do work but only p/t and am not planning to change this once separated, and there is no way I can afford to pay rent from my wages, even with tax credits.

I don;t think I can stand another 6 months of this but he just won't budge. Do I have any other options at all?

you may be eligible for housing benefit to help pay your rent if you moved out as well as help with your council tax. go to CAB and they will tell you what you will be able to claim for and then you can decide whether or not you could afford to move out,

Also what would the arrangements be for maintenance?

You need to check with the council/ CAB what the disregard period for property you own by do not live in is. Something like 26/52 wks if part of divorce proceedings I think.

Oh thank you both of you!

I contacted the council in the Autumn about HB and they told me I wouldn;t be eligible, but no-one mentioned the disregard thingie! Maybe I need to go to the CAB?

I do also have some savings though which I know will affect any HB - I desperately don;t want to start eating into them as they are part of the divorce settlement which I will need to use to put a deposit on a house eventually.

The thing is, H can afford to help me, he just won't. Grrr.

If you have savings of over £16,000 then you arent eligiable for housing benefits.

If your savings are less than that I will try and find disregard info for you...

Capital assets disregarded for up to 26 weeks
P1.200 The capital assets listed below are disregarded for up to 26 weeks or, if it is reasonable in the particular circumstances of the case, for a longer period decided by the LA
i any premises acquired and intended for occupation by the claimant as their home. The disregard period begins on the date the premises are acquired, and can only be extended to enable the claimant to obtain possession and commence occupation of the premises
HB(SPC) Sch 6 Para 1; CTB(SPC) Sch 4 Para 1
ii any premises subject to legal proceedings to recover possession for the claimant to occupy those premises as their home. The disregard period begins on the date the claimant first sought advice or first commenced proceedings, whichever is earlier
HB(SPC) Sch 6 Para 2; CTB(SPC) Sch 4 Para 2
iii any premises which the claimant intends to occupy as their home but which require essential repairs or alterations to make them habitable. This disregard can only be extended to enable the repairs or alterations to be carried out
HB(SPC) Sch 6 Para 3; CTB(SPC) Sch 4 Para 3
iv a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregard period begins on the date of leaving the home. A disregard under this provision applies for 26 weeks, unless the home is occupied by a former partner who is a lone parent when the disregard applies for as long as the home is so occupied
HB(SPC) Sch 6 Para 6; CTB(SPC) Sch 4 Para 6
v any premises not just a former home the claimant is taking reasonable steps to sell, the period may be extended beyond 26 weeks if the claimant is taking reasonable steps to dispose of the property
HB(SPC) Sch 6 Para 7; CTB(SPC) Sch 4 Para 7
vi self-employed business assets, see Self-employed business assets later in this chapter
HB(SPC) Sch 6 Para 9; CTB(SPC) Sch 4 Para 9

Yes they are less than £16K, oadcb.

I've just done a benefits calculator though and it says I wouldn;t be eligible for anything.

Don;t really like to post actual figures on here but my wages are approx £780 a month and tax credits £400. I have no income from my savings as they are in a bond but I know there is an assumed income.

Private rental of 2 bed house in this area is £650-700.

I know it's not affordable.

Not sure about maintenance, I suppose H would have to start paying if I move out.

Didnt bold so heres the relevant part

iv a dwelling formerly occupied by the claimant following estrangement or divorce from a former partner. The disregard period begins on the date of leaving the home. A disregard under this provision applies for 26 weeks, unless the home is occupied by a former partner who is a lone parent when the disregard applies for as long as the home is so occupied

Would it be less expensive to rent a 2 bed flat rather than a house?

Thank you, x posts earlier, that is certainly very helpful re the family home.

EB private rents are high here, I am in SE within commutable distance of London. A flat wouldn;t be much less than a house. I suppose with CM I might be able to do it for 6 months.

Dont blame you for not wanting to post actual figures.

Have you looked at entitledto website?

The info is only as good as you put in, but I was entitled when working 30hrs per week and earning slighly more.

Check again and any queries post back.

Do you have to pay childcare? Is that included in tax credits?

BTW maintenance is disregarded now when assessing housing benefits

Entitled To says I would be eligible - for about 40-50% of the rent by the look of it.

God my council are rubbish!

I think I need to see CAB and my solicitor.

I will still have legal costs to pay so need to make sure I really can afford it.

Thanks oadcb

You are very welcome. Get the CAB to do a quick assessment for you.

Most councils are rubbish Im afraid. Always get a second opinion and be prepared to fight for the property disregard for 26wks at least. good luck