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benefit fraud

  • Paul88
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19 Jan 18 #498892 by Paul88
Topic started by Paul88
My ex has secured a large payout from myself but does not want it until after 4years or more, she wants to stay on the deeds to my house until the amount is paid at which point she intends to use the payment as down payment on a property of her own. Meanwhile she intends to rent privately and has secured housing benefit. To me this does not sound fair or legal as I want to pay immediately and get her off the mortgage and deeds.

Already claiming working tax credits and child support at around 10k per year in addition to her income through work, she also receives £400 per month for 2 children which I pay for though one is not mine.
Any ideas as to what I can do?

  • hadenoughnow
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20 Jan 18 #498895 by hadenoughnow
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Do you have a court order? If you don't comply with it you will be in breach of the order.

A lump sum wouldn't affect her benefits if she uses it to buy a property within a certain period of time. Think it is six months.

I am slightly surprised she has secured housing benefit if her name is on the deeds. I have heard that this can have an impact on a claim.

Hadenoughnow

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20 Jan 18 #498896 by Paul88
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No court order yet, we’ve been going through FDR but she will not give on anything, she wants to break me. In desperation I offered £110,000 which she accepted but not been consented yet, her terms were the above. She knows her way very well round the benefits system though so I don’t know how she secured housing as well as all the others.

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20 Jan 18 #498898 by hadenoughnow
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So was this offer made at FDR?

Did it go in front of the judge? What did they say?

Have you got a solicitor? What do they think?

I would be surprised if a judge agreed to this as the courts would normally look to ensure the benefits system is not relied on if there is the means available to avoid that. They would also want to see a Clean Break unless this is unavoidable.

It is hard to judge whether what she wants is fair or not without knowing more about your situation.

If you are able to provide the following information, we can advise more effectively on a fair settlement.

Ages
Length of marriage plus cohabitation
Incomes including any benefits
Children Ages and arrangements for them
Value of former marital home (FMH)
Outstanding Mortgage
Size of FMH
Pensions CEV and type
Value of other assets in sole or joint names
Loans/debts in sole or joint names.

Hadenoughnow

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20 Jan 18 #498899 by Under60
Reply from Under60
She must have lied on the housing benefit form then, because one of the questions is property you own. If she is on the deeds then she 'Owns' a property. Maybe you should point this out and use it as leverage to pay her off in one go now?

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20 Jan 18 #498901 by Paul88
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Our original offer took into account my investment of 100k from the sale of my home and then split equity in half so 50k, the judge said 80k would be more reasonable which I offered her but she wanted more. She then tried to bring in assets owned by me 4years ago which I no longer own and the judge told her she was wasting time and money, however she kept on and the judge allowed her to get the item (a boat) valued (which she hasn’t yet-and run out of time set by the court) there are 2children one of 14 who is not mine and not adopted by me who has no support from father and my daughter of 10 who does not want to see me due to mother.
Her benefits amount to 193 a week plus she gets £130 a week through working and I pay half mortgage of 266 and life insurance 40 and 60 a week for child. She had a lodger at 100 a week but hid it
Mortgage is 212k value of house 420k mortgage in joint
My income self employed at 2.5k a month to pay my own rent and costs etc

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20 Jan 18 #498903 by hadenoughnow
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So is the plan that the house is sold? If it is, where will she and the children live? You mentioned renting privately.

It doesn't matter if you didn't adopt the child that is not biologically yours. They are still treated as a child of the marriage.

You could make an Open Offer based on what the judge said in court.

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