Leaving husband and claiming benefits

[Mumof234]

Husband and I have decided that we need to split and I will move out with the children (I know I have rights to stay in the home, but I think it is best for me and the kids to start afresh). But so that I can afford to rent I need to start claim tax credits. Can I start claiming these whilst still living with husband? As without the benefits I don't think I will have enough income to be eligible to rent.

You would have to be homeless and get put on a waiting list for a council property whilst staying in a B&B or hostel. I can't see any way you would get a rental property without any income sorry Have you got anyone you can speak to about this?

And I'm not sure on being eligible for full benefits whilst still living with your partner, I think his income would affect that even if you weren't together on paper. Someone else should be along soon with a better answer than me but I hope it all gets sorted for you OP!

Do you have an income and how old are your children?
Alot of private ll won't accept hb tenants so you're extremely limited and not looking to get more than a bb.
Can't your husband move out? Practically it's easier for a single worker to find a place.
Try to put head before heart here.

You can start a claim for a tax credits as a single person still living with an ex. Just make sure you provide any proof of relationship breakdown they may ask for and make sure you fully explain the situation. Good luck OP

I started a part time job last week and the salary just about covers the rent. I have checked and I can claim working tax credits and a small amount of housing benefit.
Husband won't move as it's his flat (he owns it and my name isn't on the mortgage). I think if I forced him to move he would make things really difficult. By me moving he will probably be more amicable and I can be free of his controlling ways.

Husband won't move as it's his flat (he owns it and my name isn't on the mortgage)

Surely if you're married it's both your flat?

When I got divorced all the tax credits and benefits were backdated to the date I first went to a solicitor about separating.

Op
You are as much an owner of the flat as he is. In fact come the divorce settlement you will probably own most of it. Please please get some legal advice before you do anything. Once he is sitting pretty in the flat he will have no incentive to deal with anything.

Before you do anything - it may be universal credit now, not tax credits. Check that out first.

If you are going to private rent you will need a guarantor. Do you have one?

I know I have rights to the flat because we are married, but honestly, I don't want to be here any more. The fact that he believes it is his flat, and not ours, is one of many issues that I need to leave.
I did see a solictor last year but maybe I need to go again.

Universal credit comes in here on 28th Nov so I need to claim before then!!!

I haven't yet told my parents what is happening, but I'm sure they will be happy to be my guarantors.

See a solicitor ASAP. Claim before 28th as Under U.C you won't be awarded a payment before Christmas.

Best of luck.

The issue though is that you wouldn't be able to claim any housing benefit until you move into your new property (it's paid in arrears) so you wouldn't be able to make a claim for that until after UC is introduced. That may mean you having to change over to UC anyway, unless you can get by without housing benefit.