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Rox
Rox Community 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. :) 

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Adrian_Scope
    Adrian_Scope Posts: 11,390 Scope online community team
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    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. 
    Community Manager
    Scope
  • Rox
    Rox Community member Posts: 5 Listener
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    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. 
  • woodbine
    woodbine Community member Posts: 12,121 Disability Gamechanger
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    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.

    2024 Election won

  • Rox
    Rox Community member Posts: 5 Listener
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    @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_Scope
    Adrian_Scope Posts: 11,390 Scope online community team
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    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.
    Community Manager
    Scope
  • Rox
    Rox Community member Posts: 5 Listener
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    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_Scope
    Adrian_Scope Posts: 11,390 Scope online community team
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    You're most welcome @Rox. Best of luck and please let us know how you get on. 
    Community Manager
    Scope
  • Chloe_Scope
    Chloe_Scope Posts: 10,581 Disability Gamechanger
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    Hi @Rox, just wanted to say welcome to the community, and please do let us know how you get on. :)
    Scope

  • Rox
    Rox Community member Posts: 5 Listener
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    @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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