Dh says he wants me to leave his house

[CarolinaMina]

Need some urgent advice please because I have no idea what to do.

Dh and I have been married for 10 years but have only started living together since last November. There’s a whole load of reasons for this - mainly distance as he moved away for work. Me and 3 dc (our joint dc) moved in with him in a November due to COVID but it became apparent quite quickly he was not happy with this. It’s become almost unbearable the last few weeks and last week he said he wants me and dc to move out and that he can’t live with us. Every day since he’s asking me several times a day if I’ve found somewhere to live yet. I genuinely don’t have any money for a deposit for a flat. When we moved in together, my universal credit dropped, due to his earnings, and I only get £180 a month child benefit. I do work part time in the evenings, with the potential to do more hours. I have no savings.

I don’t even know where to start with finding somewhere for us with no money for a deposit. Will the council help me? We moved into his home that he owns. Everything is in his names, the mortgage, all bills. He’s this morning written me a formal notice of eviction.

Does anyone know if I have a legal leg to stand on or any information on if the council will house me?

Im sorry I’m really, real,y stressed right now and feel like I’m breaking down. I just don’t know what to do and as a result, I’m doing nothing. I feel I’m a daze

The pedantic harping about UC isn't helping OP at all.
She's seeking legal advice.

@YeokensYegg

The pedantic harping about UC isn't helping OP at all. She's seeking legal advice.

Yes but there are legal ramifications if it comes to light that she was committing benefit fraud (even unknowlingly).

The two matters are intertwined.

@Wegobshite

Trouble is the EX has done nothing wrong - legally as far as benefits - UC would be concerned . It will be the OP who is fucked over for this because I would imagine she would have been the one signing on the forms saying she is not married or separated it single parent on her UC form I would imagine that the husband has realised how much of his wages are going to support the OP and his kids and doesn’t want to do this anymore . He probably preferred it when the OP was claiming UC for herself and the kids and self supporting herself through UC at no real cost to him . If the OP tries to get money from him or the house this could all blow up in her face

I'd be worried about this too. In two ways, OPs DH could threaten to reveal the fraud or he could claim they were legally seperated for that period of time and only back together since November. No idea if the later would effect asset distribution if he could say the actual marriage was very short.

[quote thelastgoldeneagle]**@Umberellatheweatha* - People don't have to live together just because they are married nor do they have to convince finances. OP had every right to that money because she was maintaining a separate household. It's no different from having a partner that you dont live with.*

But what if everyone in the UK decided to do this? The benefits system wouldn't cope. It's not designed to support married people to live separately.

And um... how can OP benefit from getting benefits as if she was a single person when it suits her, yet everyone is also telling her that she's married so she's entitled to 50% of her h's assets? Talk about having your cake and eating it.

@NotSorry - OP is getting plenty of support. I'm not keen on people who cheat the benefit system, and I can't imagine that it's designed to pay out in this situation.[/quote]
I dont think everybody would even want to do this. Its hardly ideal for the main carer of the children in most cases.
When this situation comes up, there are usually decent reasons why a couple cant manage living together and now shes moved back and this has happened,its kind of clear why isnt it.

The surprising thing is what benefit there was to getting married for either of them right now, but OP you have likely got certain rights to some of the assetts and he cant just make you homeless. I would be looking to divorce though if this was how it was going to be forever

And um... how can OP benefit from getting benefits as if she was a single person when it suits her, yet everyone is also telling her that she's married so she's entitled to 50% of her h's assets? Talk about having your cake and eating it

Marriage isn’t just about living together it is a legal contract . It would not matter if they lived 10,000 miles apart when her Dh married her anything that either side owned, savings, investments etc became shared assets.
You can’t just dip in and out of it unless you keep marrying and divorcing

I have just looked at the UC rules and it doesn’t say anything about maintaining 2 household other than as they are separated (as in living apart) then I can’t see why you can’t claim

Yes but there are legal ramifications if it comes to light that she was committing benefit fraud (even unknowlingly)

You can't commit benefit fraud unknowingly. It needs an intention to defraud.
Please stop accusing OP if benefit fraud.
.

Separated does not mean living in different houses. People whose partners work elsewhere are not classed as separated. There is a huge difference as regards benefits claim. OP does not sound separated from what she has said.

She could have been. Then decided to give her marriage another go which hasn’t worked out.
Technically she can claim UC even now as the marriage has broken up and they can be classed as separated even though they live in the same house.

Either way it doesn’t alter the fact that she has a 50% share of the house regardless of the fact that his name only is on the deeds and mortgage snd he is paying it.

I would say that whilst her name is on the UC forms, if he hasn’t paid for anything then this is financial abuse and the only way she could survive was to claim UC.

What other way would people do in this type of case.

I have heard of several people claiming UC as a married person when their spouses are from a different country and they are still living there

@unlimiteddilutingjuice You can't commit benefit fraud unknowingly. It needs an intention to defraud. yes you can the onus is on the claimant to careful read up on the rules of entitlement. Many years ago my friend started uni as a single parent and genuinely believed she could continue claiming housing benefit. The authorities believed it was a mistake however it was still benefit fraud and she had to pay everything back. They did not prosecute or fine but she was I interviewed under caution I went with her, and her paperwork said fraud fine waived due to exceptional circumstances.

I think they both would need to pay it back as it could be argued he knew she must have been on UC and was party to it. The only way he would have remained blameless was if he actually was paying her bills or was transferring her living money.
I think it will not be a problem and if it was then the repayment would have to come out of the marital pot

Op I wouldn’t worry about UC. I think you need to know not to leave your house. It is 50% your house. Your biggest problem is extracting yourself from this man with your share.
Get a good solicitor.

You can't commit benefit fraud unknowingly. It needs an intention to defraud

That’s why every claim require a signed declaration that the circumstances are true.

Divorce settlements are led by circumstances.

If the OP had been financially reliant on her DH and living in the matrimonial home then she’s have a greater entitlement than if she been separated for ten years and living elsewhere without financial support.

Unfortunately whether true or not, given the UC claim it appears that the latter is true and this will negatively affect the settlement. It is critical that the OP gets fact specific advice.

MyDCAreMarvel
You're referring to the rules around overpayments. Thats different. An overpayment is not necessarily benefit fraud.
FWIW:
If the issue of overpayment came up for OP,
Theres evey chance a compentent welare rights officer could:
(a) Argue that no overpayment occured and/or
(b) Argue that if an ovepayment did occur, it isn't recoverable.
As it is, the issue of overpayment hasn't come up and OP has more immidiate concerns.
Now please stop speculating about OP's benefit entitlement because it isn't the point of the thread.

That’s why every claim require a signed declaration that the circumstances are true

Right. You aren’t supposed to misrepresent or omit a material fact. But there’s absolutely no indication that OP has.

Whether someone is in a relationship for benefit purposes isn’t a material fact. Its a conclusion that the DWP can draw from material facts.

As I've said before it sounds like OP's situation is ambiguous, with arguments to be made both for and against being in a relationship for benefit purposes.

Whether someone is in a relationship for benefit purposes isn’t a material fact

But marriage and separation are material facts. Which is the point here.

Yes. Marriage is a a material fact. (seperation is more slippery)

Some other material facts:
Where do you live?
Do you share a bank account?
Do you eat together?
Do you socialise together as a couple?

Whether two people are a single household for benefit purposes is a conclusion to be drawn from a number of considerations and some peoples circumstances are ambigous.

If OP's given an honest account of her circumstances (and there's no indication that she hasn't) and the DWP have drawn a conclusion from that- she hasn't done anything wrong.

Whether they are separated or not is certainly material. Although it may be more difficult to evidence definitively. That doesn’t however stop it being germane. In fact it underpins the entire issue.

You can't commit benefit fraud unknowingly. It needs an intention to defraud.

This is not true.

Ignorance is not a defence where benefit fraud is concerned.

People are prosecuted even when they allege they 'don't know the rules'. If you're claiming benefit, it's up to the claimant to be transparent about their circumstances and notify when/if there is a change in their circumstances.

You aren’t supposed to misrepresent or omit a material fact. But there’s absolutely no indication that OP has.

A benefit claim form has the claimant listed first and then the partner/spouse next to it. Had the OP put her husband as her spouse, input his earnings/savings/assets as she should have done as they are married and not separated, it's not likely that she'd be eligible to UC therefore there is an indication that the OP omitted a fact - a very relevant one in the shape of her husband.

I'm sure everyone fixated on the possibility of benefit fraud, at the expense of OP getting support though her dilemma, is feeling morally superior now they've scared her off her own thread.

Im sorry I’m really, real,y stressed right now and feel like I’m breaking down. I just don’t know what to do and as a result, I’m doing nothing. I feel I’m a daze

@CarolinaMina - are you ok?

Ignore the carping bitches here & focus on what you need to get you through the next couple of days.
Do not move out unless you feel unsafe ... & if this bearpit has become too much for you to handle right now, please feel free to private message me.

I don't have any expertise in marital law, but I can handhold while you find some, & start the process of protecting your interests from a very selfish man & the consequences of how he has conducted his side of your marriage.

I agree ChargingBuck
I'm out of this thread now, as I can sense myself getting drawn in.
The benefits entitlement is the least important part of the thread. It should only have been flagged as something OP should flag with a solicitor.
I'm sorry for contributing to the dynamic OP

@CarolinaMina

Please private message @ChargingBuck as she has suggested. (Or me, but I don't have much legal knowledge at all and Buck sounds as though she knows at least where to start)

Ignore the nasty comments - you need support. You are in a very upsetting situation and have your own mental and physical health and that of your children to think of. Don't let this awful man bully you. He has no right to treat you and his children like this.

Forget the UC mixup - concentrate on getting proper advice and getting sorted out. Your mind must be all over the place with worry, and you will find it very hard to think clearly. Get a lawyer asap.

@CarolinaMina. I'm sorry too about what this thread has become. You've been with a selfish, selfish man for the past 10 plus years who has left you to support his children on benefits (hardly a great lifestyle for them but I'm sure you've done your best). And now he's threatening to make his children homeless. Your initial posts very much suggest financial abuse and yet you're the one being villified here. Definitely see a solicitor and best of luck for finding a way through this.

Had the OP put her husband as her spouse, input his earnings/savings/assets as she should have done as they are married and not separated

Technically they were separated. They didn’t live in the same house.

Her Dh wasn’t going away to work and regarded the house she lived in as the marital home.

and didn’t regard the house she lived in as the marital home.