Claiming Benefits whilst still under the same roof

I have started divorce proceeding against my husband, won't go into the long story as to why but have been living separate lives since our twin boys were born nearly 3 years ago (separate bedroom, do our own laundry, cooking etc, he takes no responsibilty for our sons day to day care etc) he refuses to sell the house, and will not leave. I cannot afford rent anywhere and the coucil say I am not a high priority as I jointly own a house. My solicitor has stated that we must apply to the courts to force my husband to sell the house, but this will take time. The only income I have is the child benefit and a little Child tax credits, he currently transfer just enough money to pay the bills, he doesn't earn a lot though, he has stated that if I start divorce proceedings he will stop paying the bills.

I have never claimed benefits before but I have been told that I should be able to claim income support ( rang them today but was a long time waiting so had to hang up in the end, will try again tomorrow) even though we still live under the same roof. I am also looking for part time work to save a deposit as I would dearly love to get myself and my children out of this hell of a home, he can be aggessive (sadly no relatives to move in with).

Any advice would be greatly appreciated.

Pippa x

Yes you can make a claim to benefits and depending on the ages of your children you might receive Income Support ( if your youngest is under 7) or alternatively Jobseekers Allowance. You are already maintaining separate households which is one of the areas considered when claims are made from former couples who still live under the same roof.
If possible try to call at either the beginning or the end of the day as it is always quieter then, they will take your infrmation and arrange an interview with you. Don't be alarmed it's all part of the process and once that is in place you can progress with the divorce.

Take care

Thanks for replying,

that's good to hear, have had a quick look around the directgov website, but it's all very general.

My boys are nearly three, I will ring around the times you suggest, do you happen to know whether I would also get help with my mortgage and council tax costs, I'm just worried as I know he will stop paying bills when he receives the letter from my solicitor.

Thanks, Pippa

Hi

If you Google 'entitled to', they have a benefit checker/calculator

Hi Pippa. As I understand it, I don't think you'll be able to get any help with your mortgage from the benefits agency; although if you move out you'll be entitled to housing benefit. I think they might be able to help you with your share of council tax but probably not the whole lot if your X2B remains in the property.

If your X2B stops paying the mortgage, you can point out to him that he should at least be paying something towards it in lieu of the rent that he might be paying elsewhere. He might say the same to you, in which case maybe you'll be able to arrange something between you whereby some of your JSA/IS goes towards the mortgage. You could call the mortgage company and explain the situation - they may be able to either give you a repayment holiday for a while until you've sorted everything out, or move you onto an interest only mortgage.

One other thing - if your X2B stops paying the mortgage, the house is in danger of being repossessed. In which case you might be more able to get the courts to force him to sell it so that you don't lose out on your equity. Your X2B needs to understand that he can either stop paying the mortgage and walk away with nothing due to repossession, or agree to sell the house and get half the equity. It's a no-brainer to those of us with sense...

One last thought - is it possible for you to move in with a friend until you can get an occupation order to get him out of the house?

Best of luck with everything.

WCX

Thanks guy's

load of valuable info, very much appreciated.

I would dearly love to move out, but have no funds for a deposit, moving epenses etc, have investigated help with these and it would seem that as I have assets (home) I am not eligable for any of the help that may be available. I could of course make myself homeless, but who would do this with 2 three year olds. I was going to move in with a friend, and the coucil would class me as homeless and would have an obligation to rehouse me with 16 weeks, but her husband changed his mind, he didn't want to be seen as siding with me.

I really appreciate what you suggest re explaining to husband, but we have been around this roundabout many times and he really doesn't care, he is only thinking of himself, not his children. I have explained that the longer he drags things out, the more money it will cost, but he just doesn't care. He doesn't want me or the children, however nor does he want his life upset, why would he, I have pretty much let him have it all his way, to keep the peace for the sake of the children. He lives his life as a single man, (he left on Christmas eve and didn't return until yesterday), hopefully that tells you how much he cares about anyone but himself. No more though..........Wow went off on a tangent there.

Something is changing within me however and I am starting to feel more empowered since finding this site, more like my old confident self and feel ready to start getting on with things now, sooner I start, the sooner it will be over.

I have rung with reference to benefits today and starting the ball rolling, made an appointment with the local council ref housing options.

Thanks again for the info, you are all great.

Pippa xx