can she claim housing benefit?

Hi. My soon to be ex wife (waiting for absolute) has moved out of the FMH on her own accord with the children. I dont live in the FMH but am paying the mortgage on it. So at the moment the house is empty. She has now moved into a rental property claiming housing benefit! Is she allowed to do this as she did have a place to live and wasnt forced out of the house at all.

Yes.

However her share of the equity is something which the benefits agency may start to take intoaccount so she is likely to push for the hoseu to be sold (or for her to be bought out) ASAP

Who owns the property ?

If she has an interest in it, there is a possibility that this could count as ' capital ' which could cancel out any housing benefit, or reduce it, depending on the sums involved.

It used to be the case that there was an exemption for a limited time if the property was on the market for sale. I don't know whether this still applies, my benefits are getting a little rusty.

Could be that she hasn't declared it. If she gets a significant sum out of the financial proceedings, this could affect her benefits as well.

LMM

The house is in joint names and there will be negative equity involved. At the moment she is refusing to sell as she wants to rent the house out. Her new partner is in the property game!!!! I wish to get rid of the house asap as now my CSA payments look as though they may go up seeing as the children are not living under the roof that the mortgage is being paid for.

Also, she is claiming I kicked her out of the house and stopped paying the mortgage to declare herself homeless. None of which is true and still paying the mortgage for an empty house. She has joint ownership of the property and on the deeds yet she is claiming full housing benefit whilst living with her new partner who works full time. She also told me she claims no job seekers allowance yet has managed the last 2 years without a job and no income!! Is this possible that she can claim housing benefit when it was her that voluntarily moved out of the house she doesnt contribute to?

Hi
How do you know that she is telling you the truth?

I left my stbx, marital home in joint names, moved into rented property with new partner. Marital home is for sale with decent equity for both parties but isn't selling after 2+ years. My new partner lost his job and we can claim housing benefit, they know i have part ownership of a house and that the equity is tied up in it until sold and settled.

Her new partner may be on a low income and that's how she gets housing benefit but I don't know to be honest.

Hope this helps a little
Escaped

Well, I guess that you have answered one point ; if the house is in negative equity, then it would not be counted against your ex as capital.

There's nothing wrong or illegal in living in a house with negative equity as long as you can afford the mortgage.

At the moment you're getting the worst of both worlds, paying for a house you're not living in. Empty houses still cost money and are open to all sorts of nasty possibilities.

LMM