UC Claim and Rental Property

[Kwasi]

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.

@RedHelenB

Thank you. Just eagerly awaiting Tuesday when I can get go back to work and get these things done.

Good luck @Kwasi - you've got this 💪

Apologies @Kwasi from the OP I read that OP had share of a second property, I mis-read.

Thank you @LorlieS - did read them. Your situation is truly appalling and sadly indicates money talks when one party is really pretty wealthy (assuming as house with swimming pool he is minted) and the other isn’t. TBH your scenario is not really what I have observed over the years when I worked in the benefits system dealing with loads of women subjected to DV and financial abuse. Most of those I have dealt with did not have such a dramatic financial disparity as your case. The OP should also document all of the threatening messages and texts as hopefully will help prove he is a bully. Good luck. I would do the flowers thing to both but can’t find the emoji!

I am the OP and I do have a share in a second property. However, I can't just lay my hands on the equity. STBXH is going to fight me every step of the way.

This is correct OP. As a first step speak to a benefits adviser e.g. Citizens Advice.

@Catsknowbest

Thank you. This makes perfect sense.

Hi OP, I'm sorry to hear you are having a tough time.
First of all, you will not receive benefits if you own a second home. And I think this is fair because otherwise people would exploit the system. However, this should NOT stop you from leaving an abusive relationship.

Are you and the children safe where you are? If so, you should put the investment property on the market. If you have over 16k in capital, you will not be entitled to benefits, but you will have a safety net to help you in the short term.

If you or your children are in danger, please call the domestic abuse helpline. Citizens Advice, Women's Aid, and other charities such as Shelter will be able to help. They will offer temporary accommodation for you and help with all the legal paperwork/ UC application etc.

As @redalex261 rightly said, if your partner is stopping you from selling the property in order to control you, this constitutes financial abuse. You will be able to get financial support.

It might seem overwhelming now, but the help is there. You just need to make the brave first move and ask for it.

I hope all works out for you.

In which case IP you may find it difficult to get UC.
You need to dissolve this second property to liquidate your assets.
As a second homeowner you really have no rights to UC.
I'm sorry.

OP not IP.

And can I just say good luck- I divorced my awful exh 6 years ago and he was a spiteful narcissist. You've got this and I'm rooting for you 👍😊

Thank you. He's trying to make me feel so guilty this evening about splitting the family up and how it's going to affect DS. He thinks I am utterly selfish but I know I will be better off out of this relationship.

Thank you. Looks like I am really screwed until things are sold.

I don’t have any practical advice OP but I wanted to send you best wishes and strength in getting out of your toxic relationship. Your husband is trying to control you in the hope that you will give up. Hopefully he may stop being so obstructive when he realises you are determined to go.

Thank you. I appreciate and need words like this. My son is only 5, so I believe he will be fine once the initial upheaval is over. My husband treats our house as an extension to his garage and shed, so I know DS won't be too uncomfortable in a new house for half of the week.

I believe if you are taking steps to try and sell the value should be disregarded for at least 6 months-

"H2115 Where a person is trying to dispose of premises, they can be disregarded from the calculation of that person’s capital where they are taking reasonable steps to dispose of the premises and those steps have been commenced within the last 6 months (UC Regs, Sch 10, para 6)

H2116 Is it reasonable to disregard for longer

The decision maker may decide to disregard the premises for a longer period where for example the person has done all they can to sell the premises and the asking price is no more than the premises are worth."

From the DWP's guidance (published online) Advice for Decision Makers - capital disregards
https://www.gov.uk/government/publications/advice-for-decision-making-staff-guide

This was my understanding- I know it generally applies to the main home but I'm pretty sure it can be applied to any capital in extenuating circs,but it will need looking into

@OfCourseIStillLoveYou

Thank you. This is very useful.

Do get some proper advice on Tuesday though as there may be something I'm missing! Good luck

@Kwasi He will also be forced to give you more than one eighth of the matrimonial assets!!! are you also living in your own home at the moment? get your paperwork organised. papers for flat purchase. papers for house purchase. bank and building society savings, investments and loans. car papers and loans. proof of absolutely everything and send them to a safe place. ie your work locker. change all your own passwords and your own bank passwords, check joint account balances and start transferring it to your own account, if you dont have an account in your own name get one opened up the minute the banks open. you can also open one online.

@2jacqi

Excellent advice. Thank you. I managed to sneak out today and take an emergency bag to work with a set of clothes, wash bag, £200 and some paperwork. I should be able to get the mortgage stuff online. We have some money in a joint account but don't want to rock the boat just yet by taking half. We do separate finances for salaries, etc.

I will. Thank you so much

I did this 👍 sneaked stuff out in my work briefcase for days. I also photocopied lots of stuff on the home printer when he was out of the way that I thought I might need later

@Catsknowbest

My time to do stuff like this is limited, as I have so little time alone. I had a golden opportunity today, so I took it. I did, however, receive a call from him as I left my office. I wondered if he was tracking my phone. Fortunately, my office is on one of the main streets in town and could easily justify being in the shop next door.

Just remember every step you take towards leaving that relationship is one step closer to being free. Your qualifications in the summer meaning you can work more is good. Speaking to Women's Aid and getting started with divorcing him will help further, as will getting the property sold, both properties I imagine. Your husband is talking bullshit with his threats. Stay strong.

If he's tracking your phone and you don't want him to know you know, by turning off location services and find my phone etc. Get a second phone and a new SIM card. Either leave old phone wherever you want to "officially be" and take new phone with you (best option if possible in case he's put other types of snooping software on it).

Or if new phone is inadequate for your needs, put old SIM into new phone and leave new phone hanging around wherever to be traced, putting new SIM into old phone so you still have all it's features.

Only thing is if he has some sort of app with the location services I don't know whether it will show what type of phone he's tracking, in which case he'll know you're trying to outsmart him with a new phone. That's another reason why it's better if you can use the new phone for yourself and leave the old one laying around as your official tether.

You can pick up a basic android smartphone for £50 ish.