Universal Credit

[LydiaAmbrose1]

If you leave the marital home (which is mortgaged) and move into rental property with your children, will they disregard the capital you have in the marital property for 6 months even if the marital property isn’t currently on the market? I know in order to claim Universal Credit, you have to be taking steps to sell the house, but what if the other half is dragging their feet getting it on the market?

Not if your name is on the mortgage as it is an asset.

You can claim the tax credits element, you just won't get help towards your rent.

Are you getting any child maintenance?

My friend got housing help under the old system when she left her husband. She was on the mortgage. I don't know about universal credit. Its probably best you call and ask.

Thanks both. I’ll be getting child maintenance. Is the tax credits part of UC not means tested then? I’m not sure how the new system works and CAB have been next to useless at giving me advice. I could probably survive (just about) without help with the rent, but I would need something (such as the child tax credits part) until I found work

Contact the Gingerbread helpline and take a look at their website.

They will disregard the house as capital for 6 months if your partner continues to live there (para 5 schedule 10 Universal Credit Regulations)
This is the same rule as under Housing Benefit.

After 6 months it may be disregarded for a further period if you cna demonstrate that you are making efforts to dispose of the property (e.g: by selling it or by having your ex buy out your share)

The fact of owning a home should not prevent you form receiving the housing element for rent on your new place during this time.

No, tax credits are not means tested. They are based purely on your earnings from work.