What benefits am I entitled to?
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RoxRox Member Posts: 5 Listener
Hi, I stumbled across this website when searching for info on Google. I'm currently living with my partner and we have a joint mortgage. I want to leave and sell the house half each but he's threatening me its all his money and I'm not entitled. In an ideal world I would love to stay in my home as I have a 5 Yr old daughter but I don't earn enough money to even take on the mortgage myself. If I sell will the money off the house stop me getting benefits? It's all so complicated and scary I need legal advice tbh. :) 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI and welcome,

    Yes, selling your home will affect any means tested benefits you maybe entitled to. Any savings of more than £16,000 will mean you won't be entitled to any means tested benefits.

    This is very complicated and for this reason i'd advise a visit to your local advice centre for further information. You may also need a solicitor to be involved if you're going to sell your house.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @Rox and welcome to the community.
    There is a period of disregard when selling your house if the money is planned towards the purchase of another, but it depends on the benefits you're claiming etc. 

    I don't know whether you're married or not (the advice alters slightly depending on this) but there are a few articles that may be able to help you. If you're hoping to remain in the home, the Mesher and Martin orders might be of interest: 
    https://www.moneysupermarket.com/mortgages/joint-mortgages-separation/

    https://www.moneyadviceservice.org.uk/en/articles/dividing-the-family-home-and-mortgage-during-separation

    I would advise seeking help from an advice centre near you though as it can get quite complicated and you need to ensure your rights are protected, especially if your ex-partner is being difficult about it. 
    Senior Community Partner
    Scope

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  • RoxRox Member Posts: 5 Listener
    Thankyou both for your comments. We are not officially married as he is Muslim so we just had an Islamic ceremony. We have been together 6 years and in this house we bought together for 4 years. I worry cos he will make it very difficult for me and he is already very controlling sadly. I would get more than £16000 off the house and if I had to spend this on living and get no benefits I would lose the chance to put money down on another house in the future. I currently only have a Saturday job as I gave up mu hours when I had my daughter. I cover holidays and sick at work but that's only usually a few hours extra each week. I would need to look for more work but so hard around childcare. I'm happy to move in with family after we sell. I will look at the links I've been sent though to see if there's any way of actually keeping my home. 
  • woodbinewoodbine Community Co-Production Group Posts: 3,801 Disability Gamechanger
    You need to get legal advice on this, to keep your home you would probably need a mortgage to buy him out and with little income that wouldn't be an option, bear in mind that he would have to pay maintenance for your/his daughter.
    my advice is given freely and is correct to the best of my knowledge.
  • RoxRox Member Posts: 5 Listener
    @woodbine yes that's true. I need to go to my cab they are usually very helpful. It's sad times when the thought of giving up your home makes you stay in an unhappy environment. 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    Hi @Rox. Have you thought about speaking to Women's Aid? They are well-equipped to support in situations where partners are quite controlling and a separation could turn ugly. They might be able to advise you on your rights here and an appropriate course of action.
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • RoxRox Member Posts: 5 Listener
    Hi @Adrian_Scope thanks for your reply. No I've never heard of women's aid I will definitely look it up thankyou. This site and the people on here are so helpful. 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    You're most welcome @Rox. Best of luck and please let us know how you get on. 
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Rox, just wanted to say welcome to the community, and please do let us know how you get on. :)
    Community Partner
    Scope

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  • RoxRox Member Posts: 5 Listener
    @Adrian_Scope @Chloe_Scope thankyou both will do. It will be in the new year now I think before I get to speak to anyone and find anything out. 
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