Young Kids, rights to stay in FHM?

Hello Mike & many thanks for the quick reply.

Yes as a result of a re-mortgage (I believe to clear credit card debts) her name is on the mortgage as her modest income was needed as a multiplier I seem to remember.

Guerilla tactics is spot on & the agenda has already been made known. Some is without doubt FUD but some is definitely based on substance. She was arm twisted into moving to this particular property & for aspects difficult to discuss on-line, is caught in a bit of a spiders web location wise. Can expand on that via PM.

I have to say (like yourself) I thought staying put & him moving out would be more logical & fairer on children. Unfortunately Mike, fairness or kid interests seem to be very low on the list of priorities, his survival seems a way higher concern. I don''t know if such an option can be forced...I think not if I read & understood your earlier feedback.

We do have access to another property that ticks all physical & emotional boxes. And indeed at a rate that is below market. She has a strong preference to getting out of the current property, again for the same reason difficult to express openly on line. Ironically its a property familiar to the children involved as well so from a comfort point of view it''s ideal. Also there would be no need for deposits etc but her concern was that she would not get benefits help with that small capital sum hanging over her. I should say, I was not present at the CAB session & so did not hear the statement directly. Also without being unkind, she is not the most intuitive when it comes to process/procedures or mechanisms so could be misunderstanding, however the person attending also got the same impression. Money, bills, and general life responsibilities have been dealt with by the husband so to say she is green is probably an understatement.

On your last point Mike, that is a distinct possibility. He has run up debts just in the course of day to day leaving, hence the re-mortgage refereed to earlier.

Although common sense would also tell me that staying put was best...on kids, on process and in general, there are some hot reasons why this would be difficult to make fly. The alternative property would be way more desirable & indeed practically achievable if it were the case that a housing benefit package could be obtained from the outset. As mentioned I can explain more on that by PM but am concious of taking to much of your time up.

Many thanks for your continued support...it helps me skill up so I can objectively help her.

is it just Housing Benefit you''re concerned about? I am not sure how Housing Benefit works but it was my understanding (3 years ago when we split) that I could have moved out of the family home and claimed Housing Benefit. A quick phone call to the housing benefit team at your local council would clarify the situation for you but you have to consider that women flee serious domestic abuse everyday and I don''t think they struggle to get the rent paid, although I''ll stand corrected.

As far as other benefits go, I own my own home (no mortgage) since divorce and have been able to claim all other benefits (Income Support, Council Tax Benefit, free school meals etc. ), and tax credit despite having obvious equity in my home - this has never been an issue.

Hope tat helps.

To avoid any misunderstanding. what I meant to say is that staying in the house is not an option if it cannot be afforded.

What is more, I would advise caution about moving out when your friend is a part owner of the FMH. The reason is that her share might affect the housing benefit.

Now I''m not sure about this, but I used to be quite an expert on the subject of HB ( note the past tense ) but I think you need to check this with the CAB before burning your boats.

LMM

Both spouses have the same rights to occupy the former matrimonial home and the usual legal advice is not to move out (even though it may not be very pleasant) until there is a financial settlement in place. First of all it prevents accruing debts running two homes. Secondly if someone moves out it can be difficult moving back and there may have been a possibility of remaining in the home. Private renting often costs no less than a mortgage. Thirdly if one party enjoys sole occupancy there may be little incentive for them to reach a settlement and they may drag their feet.

Before making any decisions it''s worth your family member consulting a solicitor early on to find where she stands and what options there are given her particular circumstances. If she then wants to do it herself she can negotiate and make decisions from an informed position.

Can I just say that while you remain living in the FMH, the benefits office do not count the equity in the home for calculating benefits, however, if your friend moves out and rents a property, any equity in the FMH is likely to be counted as an asset. HOWEVER, the capital in the FMH is disregarded for a period of 26 weeks from the day you move out of the home. It may also be disregarded for longer for certain reasons which are too long to go into. This is stated in the Benefits Handbook, part 4, chapter 37 under the section Capital.

I was turned down benefits after I moved out of the FMH as it was too unbearable to live with my controlling and verbally abusive ex. There was capital in the FMH which the benefits office used in their calculations. Then my solicitor quoted to the benefits office their own terms and conditions from the benefits handbook and my claim was very quickly processed after that!

You may find this link useful in helping your friend work out her entitlement to benefits. www.turn2us.org.uk/benefits_search.aspx

If I may say so, congratulations on a very accurate and helpful first post. I look forward to more !

LMM

Hi there, and apologies for the late reply to your post. Many thanks for the advice. we had done the CAB analysis and they are very helpful folks but were not categoric about the capital side. This is positive stuff, thanks for letting me know of your situation, it gives strong glimmers of light.