Housing benefit if stbx in mh

Hi,

So my stbx moved out after having an affair and is currently renting. We own the mh jointly and I''m currently paying the mortgage though it''s in joint names. Neither of us really wants to sell the house - me because it''s the only home my kids have ever known and they''ve had enough upheaval, plus I can''t afford a mortgage so would have a chunk of cash, not enough to buy a house but enough to scotch all my benefits. I''ve just started a new business and am on a very low income at the moment - hopefully this will change in a couple of years!

He loves the house, I would rather live elsewhere and have been toying with the idea of him living in the mh (he has the kids 3 nights a week) while I rent. We''d both still jointly own the property - would I be entitled to housing benefit?

Thanks!

Hi - I see you''ve not had a reply so I will try to answer your query as far as I am aware if you move out and pay rent the answer is you can claim housing benefit as long as you don''t have lots of money in savings - I''m not sure on the cap I think it''s around £16k?? Could you sell the property and put the money as a deposit on another property? I rent and I pay twice as much rent as I would do if I was able to get a mortgage - so annoying. It all depends on your income? If you want the wise wikis to help further regarding sharing assets/pensions etc. they''ll need more information re: ages, length of marriage, income, assets, debts, etc..
Sorry I''ve not been much help but hopefully one of the wise wikis will come along soon. All the best.

I think you need to be careful here. The potential danger from your point of view is that your interest in the marital home could count as capital, in which case you would almost certainly lose your right to benefit. Catwoman is right that the limit is £16,000 but benefit starts to be affected after your capital reaches £16,000.

I think I''d take advice from a CAB here, The rules change all the time.

LMM

I had a problem with a similar situation not so long ago.

I tried to claim housing benefit and was classed as having half the equity as capital as I was joint owner of the FMH.

I had to move out due to domestic violence.

My housing benefit was stopped until I could get my name off the deeds and could not make another claim until this had been done.

My name had to be removed from the deeds so that I could continue to claim housing benefit and they wanted the original TR1 transfer document from the Land Registry as proof.

Hope this helps.

I''m guessing the rules have changed recently with the benefit shake up then - because I know several people who have been in a similar position and claimed housing benefit ?

It would be a good idea to contact your local council as it is them that make the decision. I have read the entitlement for my council and you would qualify asking as the property that your name on is subject to divorce.

Thanks everyone. I asked at the Council Customer Service Centre on Friday, but was told I''d need to speak to the benefits office though she thought the property might count as an asset even though I can''t live in it if he is. I guess I''ll be ringing them.

More info - we were togther 15 years, married for 11. I started claiming JSA when we split up and have just signed off and started a new business, though I''m only projecting profit of about £2000 this year and £8000 next year. He has a small building company though they''ve no money and not much work at the moment. If we sold we''d each have about £47k and we don''t have any other joint debts. We each have a personal pension and those assets are about equal so it''s really just the house that''s the issue. If staying put is the best plan for now then that''s what I''ll do, but I''d rather have my own place. He still has keys and lets himself him without notice - I''ve been told he has a right of access as it''s jointly owned. It''s also quite a lot of house and garden to maintain by myself, and it''s quite a distance from my kids'' school and friends. I feel like I could make a fresh start and life would be easier if I moved to a smaller place nearer school/friends etc.