hermann64
Fresh Boarder
Nbr of posts: 2
 England and Wales
just thinking about divorce
Thanks received: 0
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Claiming housing benefit whilst separated? 5 Years, 3 Months ago
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Hello, my wife left me almost a year ago now, it is very amicable between
us (thank god!) I have the house and have always made the mortgage
payments. She never contributed..(maybe a few times in 8 years). My wife
has been renting a flat and has been struggling financially, i have been
helping her out with money when possible. She is now on sick leave and is
uncertain about her ability to work. She now cannot afford to pay rent,
does anybody know if she will be entitled to claim Housing Benefit whilst
her name is still on the mortgage of our house? We are not 100% certain of
divorce, we were married for 15 years and are both struggling with our
situation even though we are trying to move on and both have new
partners. She has no intention of demanding anything from me and i
want to help as much as is reasonable. Can i be forced to make a
settlement?
Any help appreciatted.
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dukey
Platinum Boarder
Nbr of posts: 12454
 England and Wales
already divorced
Thanks received: 1372
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Re:Claiming housing benefit whilst separated? 5 Years, 3 Months ago
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Hello Hermman yes she can claim houseing benifit you are seperated and she
rents a flat get a claim in quick as i dont think they back date it. If your x divorces you and decides she wants compensation from the
marrige she will be entitled to a large part of the assets you had prior to
seperation after 15 years prob a 50/50 split there are lots of
considerations such as children income and lots more
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hermann64
Fresh Boarder
Nbr of posts: 2
 England and Wales
just thinking about divorce
Thanks received: 0
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Re:Claiming housing benefit whilst separated? 5 Years, 3 Months ago
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thanks for replying, there are no children involved and i earn a lot more
than her...although i may become unemployed soon. Am i right in believing
that if all remains amicable then regardless of what she is 'entitled' to,
if she is willing to accept less than 50/50 of assets then we can agree on
settlement? or will i be forced to pay otherwise? is settlement allowed
before divorce? (probably not a wise idea)
thanks.
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ariesgirl63
Gold Boarder
Nbr of posts: 76
 England and Wales
already divorced
Thanks received: 7
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Re:Claiming housing benefit whilst separated? 5 Years, 3 Months ago
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Hermann, my stbx and I separated 2 years ago and have just begun the
divorce process. I didn't want to leave the financial situation hanging in
limbo before the 2 year separation period was up so I approached a
solicitor and he drew up a deed of separation which set out the division of
assets etc that we both agreed upon. My solicitor gave us some guidelines
on what was likely to be accepted by the court when the divorce was made
final. When the time comes (after decree nisi granted) my solicitor will
arrange for this to be turned into a consent order and stamped by the
court. As long as the deed of separation is fair, there has been full
disclosure of assets, debts, income etc and both parties have obtained
legal guidance before signing then there is no reason why the DJ should
overturn it.
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