The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Claiming UC and settlement assets

  • Cariade
  • Cariade's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Nov 19 #510334 by Cariade
Topic started by Cariade
Situation:

marital home with mortgage, total equity £100k, Partner A moves out, partner B remains with children. No significant other assets.

If Partner A agrees to a divorce settlement that keeps all the equity in the house, for occupation by Partner B and children until they are 18..

Question:
would that make Partner A ineligible to apply for UC if they were unable to work?

Thanks

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
09 Nov 19 #510335 by WYSPECIAL
Reply from WYSPECIAL
Why are they unable to work?

Where will they live?

What happens to equity when children are 18?

  • Cariade
  • Cariade's Avatar Posted by
  • Junior Member
  • Junior Member
More
09 Nov 19 #510336 by Cariade
Reply from Cariade
My question is simply about entitlement to benefit, however, as you ask, Partner A has a significant mental health issue and lives in rented accommodation.

The FMH would be sold when kids are 18 to release equity.

If Partner A is unable to claim UC due to equity in the FMH (which they cant actually
live in) then they will need some of the equity released so that they can afford to pay rent and live while unable to work.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
09 Nov 19 #510344 by hadenoughnow
Reply from hadenoughnow
I think this may be a question for a benefits specialist. Maybe the CAB?

Housing need is one of the main considerations for any settlement alongside income. The needs of both parties and the children have to be taken into account. Where possible both parties should be adequately housed.

Has Partner A been told they cannot claim UC? Are they entitled to health related benefits? Do they have a support worker who could help them?

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.