Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Other subjects
Original poster

UC Claim and Rental Property

59 replies

Kwasi · 29/12/2023 20:58

I want to leave my husband and have at least 50-50 custody of DS. I have just been on 'entitled to', which is saying I won't get UC all because my share of a rental property we own is over £16k. Obviously this will need to be sold in the divorce but am I really not entitled to UC while I still own it? It's not the same as savings, as there's no access to the capital.

If I don't get any UC, I won't be able to leave, as I don't currently earn enough to rent privately.

Sorry. Just feeling so trapped and desperate.

OP posts:
Schneekugel · 30/12/2023 17:39

The solution is to live there. I don't know what the rules are now about evicting tenants, but you'll have to follow those. Then once you live there it won't count as savings because it's your home.

Original poster
Kwasi · 30/12/2023 17:46

Schneekugel · 30/12/2023 17:39

The solution is to live there. I don't know what the rules are now about evicting tenants, but you'll have to follow those. Then once you live there it won't count as savings because it's your home.

Unfortunately, it's 270 miles away. It was purely bought as an investment and I have no ties with the area.

OP posts:
AllAroundMyCat · 30/12/2023 19:18

If you own or part own a property then I don't think you're entitled. You shouldn't be.

UC is for people who actually need it, not for people who have a second property.

WallaceinAnderland · 30/12/2023 19:24

Why should you get benefits when you own a second property? Sell it first, then leave.

LorlieS · 30/12/2023 19:29

@Kwasi Are you able to up your hours at all? I know it's not always easy but that's what I had to do in order to escape from abusive ex with my two young kids. Still privately renting a decade on but that's another story! When I first left I was working pt but got a little Housing Benefit for a short while whilst I found more work. But you of course will need to sell the property first (quite rightly) before you qualify for that.

Original poster
Kwasi · 30/12/2023 19:32

WallaceinAnderland · 30/12/2023 19:24

Why should you get benefits when you own a second property? Sell it first, then leave.

I will sell it but I am in an abusive relationship with a child and nowhere to go. I can't afford to rent privately on my salary until I get fully qualified and have more earning potential.

My husband is aggressive and nasty. After seeing my messages last night, he's telling me he'll give me 1/8 of our legally joint assets and intends to go for full custody of our son. If I can't support my son, he will get full custody.

OP posts:
Original poster
Kwasi · 30/12/2023 19:34

LorlieS · 30/12/2023 19:29

@Kwasi Are you able to up your hours at all? I know it's not always easy but that's what I had to do in order to escape from abusive ex with my two young kids. Still privately renting a decade on but that's another story! When I first left I was working pt but got a little Housing Benefit for a short while whilst I found more work. But you of course will need to sell the property first (quite rightly) before you qualify for that.

I can probably get another 3 or 4 hours a week but that's it. I will have a decent qualification in the summer and will be able to apply for higher paying positions. I am happy to accept I will never own again. I just need a safe and loving home for me and my son.

OP posts:
Original poster
Kwasi · 30/12/2023 19:36

AllAroundMyCat · 30/12/2023 19:18

If you own or part own a property then I don't think you're entitled. You shouldn't be.

UC is for people who actually need it, not for people who have a second property.

If you have a mortgage, you can still get UC. I know several people in that position. You just don't get the rent allowance.

OP posts:
RedHelenB · 30/12/2023 19:40

Kwasi · 30/12/2023 19:32

I will sell it but I am in an abusive relationship with a child and nowhere to go. I can't afford to rent privately on my salary until I get fully qualified and have more earning potential.

My husband is aggressive and nasty. After seeing my messages last night, he's telling me he'll give me 1/8 of our legally joint assets and intends to go for full custody of our son. If I can't support my son, he will get full custody.

Show quote history

No he won't.

LorlieS · 30/12/2023 19:41

@Kwasi Good luck. 50/50 is extremely difficult financially, but you can do this!
I did ask HMRC if they could provide me with half a washing machine, half of a house etc...didn't go down too well 😄

redalex261 · 30/12/2023 19:43

You can apply for UC. If you are taking steps to sell IE get it on the market ASAP at a realistic price they may disregard it for a few months. It will go to a specialist decision-maker - obviously if its 270 mile away living in it is not reasonable.

Original poster
Kwasi · 30/12/2023 19:44

@RedHelenB how do you know that? If I have to go to a shelter or sleep on someone's couch but he can provide a home, would the courts not give him full custody?

OP posts:
LorlieS · 30/12/2023 19:45

@RedHelenB I sorry to say that my ex-husband got majority custody mostly due to financial disparity. Cafcass said he was "better placed" to have the two children as had his own property which was larger than ours and with a bigger garden. That was due to his financial control and abuse but it still gave him a huge advantage. I'm still in privately rented a decade on. He owns a property with swimming pool in excess of 1.2 million. Never trust the family court system!

Original poster
Kwasi · 30/12/2023 19:45

LorlieS · 30/12/2023 19:41

@Kwasi Good luck. 50/50 is extremely difficult financially, but you can do this!
I did ask HMRC if they could provide me with half a washing machine, half of a house etc...didn't go down too well 😄

I don't even want 50/50. I would be OK with 25%.

Well done in questioning HMRC

OP posts:
Original poster
Kwasi · 30/12/2023 19:46

redalex261 · 30/12/2023 19:43

You can apply for UC. If you are taking steps to sell IE get it on the market ASAP at a realistic price they may disregard it for a few months. It will go to a specialist decision-maker - obviously if its 270 mile away living in it is not reasonable.

Thank you. I will feel better on Tuesday once CAB and solicitors are open again.

OP posts:
Original poster
Kwasi · 30/12/2023 19:48

LorlieS · 30/12/2023 19:45

@RedHelenB I sorry to say that my ex-husband got majority custody mostly due to financial disparity. Cafcass said he was "better placed" to have the two children as had his own property which was larger than ours and with a bigger garden. That was due to his financial control and abuse but it still gave him a huge advantage. I'm still in privately rented a decade on. He owns a property with swimming pool in excess of 1.2 million. Never trust the family court system!

This is awful. I am sorry to hear this. If I push for more than he's offering, we will at least have more of a level playing field.

OP posts:
LorlieS · 30/12/2023 19:49

@Kwasi Do you mean your ex having majority cudtody or the other way around?

Original poster
Kwasi · 30/12/2023 19:50

LorlieS · 30/12/2023 19:49

@Kwasi Do you mean your ex having majority cudtody or the other way around?

Him having majority if I can't provide a suitable home.

OP posts:
redalex261 · 30/12/2023 19:51

Also, his threats re full custody based on finances are bullshit - call womens aid for sone basic free practical advice and reassurance. He is trying to gaslight you into obeying him. Even if he is refusing to consent to property going on market you should still be able yo get UC as you have no access to the capital from the property as he is blocking you. You would probably have to provide any solicitor correspondence to prove you are trying toforce sale and seeking divorce. Go get help.

LorlieS · 30/12/2023 19:52

@Kwasi The issue with that is then you will be expected to pay maintenance and will lose your child benefit if he counter claims. Even on 50/50 HMRC will only pay CB to one parent 😞
Depends on how unreasonable your ex is.
Mine is pure evil. He has to pay the CB back anyway as earns too much.

LorlieS · 30/12/2023 19:53

@redalex261 Sadly they are not. See my posts 😞

Original poster
Kwasi · 30/12/2023 19:54

LorlieS · 30/12/2023 19:52

@Kwasi The issue with that is then you will be expected to pay maintenance and will lose your child benefit if he counter claims. Even on 50/50 HMRC will only pay CB to one parent 😞
Depends on how unreasonable your ex is.
Mine is pure evil. He has to pay the CB back anyway as earns too much.

I am more concerned about losing my son.

OP posts:
Original poster
Kwasi · 30/12/2023 19:54

redalex261 · 30/12/2023 19:51

Also, his threats re full custody based on finances are bullshit - call womens aid for sone basic free practical advice and reassurance. He is trying to gaslight you into obeying him. Even if he is refusing to consent to property going on market you should still be able yo get UC as you have no access to the capital from the property as he is blocking you. You would probably have to provide any solicitor correspondence to prove you are trying toforce sale and seeking divorce. Go get help.

Thank you. I will add Women's Aid to my list of places to call.

OP posts:
RedHelenB · 30/12/2023 19:58

Kwasi · 30/12/2023 19:44

@RedHelenB how do you know that? If I have to go to a shelter or sleep on someone's couch but he can provide a home, would the courts not give him full custody?

Maybe temporarily, but courts want contact with both parents ideally and try to place with the main carer. As others have said, get the legal ball rolling to sell the flat, consult women's aid and be clear that the children will be best placed with you as primary caregiver.

LorlieS · 30/12/2023 19:59

@RedHelenB I was the main carer. Made zero difference in my case. The position appears now to be 50/50, regardless of much else.