question about benefits/separation

[r4inydays]

Not sure where to post . I plan to leave the DP. he is treating me and the DC awfully. though no DM.

We have 3 DC under 10. DC2 is disabled. joint morgage; I am on a crap P/T wage with no option to increase hours due to being the main carer for DC2. I cannot pay the mortgage nor could I afford to rent on my own.

A friend who knows a bit about welfare and housing benefit told me I wont get HB if I were to rent as I am a home owner (mortgage).

is this the case?

No housing benefit ( or local housing allowance) for owner occupiers. As one of your dc is disabled you could get some advice from somewhere like the contact a family charity:
www.cafamily.org.uk/advice-and-support/

thanks - I actually meant if I can get HB if I move out and rent.

and thanks for the link. will have a look.

I'd suggest you get proper advice from somewhere like CAB or your local council housing department. As a home-owner the expectation is that you sell up and realise the capital before applying for benefits but there may be provision for special cases. It seems a pity to uproot three young DCs - I'm assuming he wouldn't leave your current house voluntarily? That could be something else you get advice on.

Sorry, having reread the op it isn't as cut and dried that you won't get help with rent if you are part owner on another property. I thought you meant paying your current mortgage with lha.

Although your situation is very different to mine i was told if you are on a mortgage you are not entitled.
But different situations could be different.
You need proper legal advice, as you husband will be expected to maintain a home for the children

I think you will if ex is living in the property and isn't willing to sell. Also the property can be disregarded for up to 52 weeks if you can prove that you are trying to sell it, contract with estate agent etc.
contact shelter as they are brilliant with housing information

DP wont leave the house and I would not see a penny if we split up (so if he would leave I could never afford the mortgabe). He would never agree to sell either.

should probably get advice in RL but it seems really hopeless

You really must get legal advice about the property. If it's jointly owned (you're on the deeds?) and there is a joint mortgage then a) if he left he would be liable for his share of the payments and b) there are legal ways to force him to sell up. CAB may be able to advise and some solicitors offer a free initial consultation.

Does your dc have any contact with social services? In this area the disabled children's social work team can refer a family to a specialist benefits advice department, which is very knowledgeable about issues like this. ie not generic first tier CAB advice.

SIL left her ex for unreasonable behaviour and got help with the rent, as long as the council were kept informed of the measures being taken to sort out the marital finances she remain elgible for HB.

As your married if he can't give you your share of the equity in the house he will be forced to sell - it's not up to him!

I think the OP said 'DP' rather than 'DH'. However, if the house is jointly owned and this is documented, they are in a strong position.

actually 'D'H (not DP). jointly owned though i have not reallly co tributed to the mortgage since having the DC (I have only worked p/t since). My other half says i therefore have no claim to the house and it is all his (he has a legal background but think he is just lying)

Then, if you're married, you're on very solid ground, your 'DH' is talking utter (calculated) bollocks and is simply trying to bully you into moving out. Even more reason to get good legal advice and to stay well and truly put for the time being.

He's absolutely talking bollocks, you're entitled to a larger share if you are housing the dc and you have contributed to the marriage you have worked part time to enable him to work full time, you may even be entitled to spousal maintenance if you've had to sacrifice a career to take care of them.

Your H is talking out of his arse.

You will be entitled to at least 50% of the equity and quite probably more, if he is a higher earner than you and you can't increase your work hours due to DC2's care. You will also get child maintenance, taxcredits and possibly other benefits as well.

It's also the case, as has been said, that if you move out into rented while the family home is on the market then you are eligible for HB for up to a year.

Btw do not move out. See a Solicitor.

Even if you have to sell the house in the end, do not go anywhere until finances have been agreed and you have an offer and exchanged contracts.

Calculator

Do this calcualator, you may be surprised how much ctc and is you could get. hb may be difficult but you could possibly get ctc and will have a 25% discount on any ct as a single adult. Calculate incomes and outgoings for you and dc and work out exactly how little you could survive on then see if family could help you get a deposit together. Find out who your local welfare advisor is and get in touch with them, a good one is a big help. Go and see a solicitor to see where you stand legally, first visit is often free. Also try VSA, contact a family etc to see if you could qualify for help with housing through associations. If you get DLA for your disabled child then make sure you are also recieving ca and applying for short break respite funds etc. Good luck, a happy life with money worries is easier managed than a horrid life with a sabateour x