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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


housing benefit when joint owner of family home

  • tim waits
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16 Oct 10 #229677 by tim waits
Topic started by tim waits
Hi,
I am living in family home - sbx's choice. She says she can't claim housing benefit for new house rent because she is joint owner of family home Says I should pay rent (which I can't afford by a mile).
Is this corrct?
Many thanks.

  • LittleMrMike
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16 Oct 10 #229708 by LittleMrMike
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It could be, but I would need to know more.

The reason why your ex might not be able to claim benefit could be that she is a part owner of the house and is therefore deemed to have capital, which would be likely ( but not inevitably ) to take her above the capital limit for housing benefit.

There are some quite complicated rules about when the value of a house can be taken into consideration and when it can't. I haven't done CAB for years, but I know these rules exist and it would, I think, be worth your while to make an appointment with a specialist benefits adviser at your local CAB or other similar organisation.

LMM

  • t1tchy
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17 Oct 10 #229799 by t1tchy
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www.wikivorce.com/divorce/Divorce-Advice...assed-as-income.html

Angelanna posted some info. that may be of use to you in the above thread

  • tim waits
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17 Oct 10 #229807 by tim waits
Reply from tim waits
thnaks very much - as we haven't sold house yet still not clear if she is entitled right now ie before any equity is turned into cash. I'm sure after the sale she will not be but that will not be a problem at that point.

Does any one have a clear view what happens pre-sale?

  • totallylost
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17 Oct 10 #229824 by totallylost
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Hi Tim,

My ex has been told she cant have any as she is not homeless and also she works full time so i am sure that stops it

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18 Oct 10 #229945 by tim waits
Reply from tim waits
Thanks - my ex doesn't work and has a three year old to look after so I assumed this would be different - does anybody know definitevely either way?

  • LittleMrMike
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18 Oct 10 #229949 by LittleMrMike
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Housing benefit is means tested and can be reduced or withdrawn if capital and/or income exceed a certain level ; £6000 in the case of capital.

As regards income, this depends on various factors and the claimant's individual circumstances. In Principle, if she does not work, she should be entitled to benefit.

LMM

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