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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34107
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Split from my husband on 7th Feb this year. He has been staying

Resolved Question:

Split from my husband on 7th Feb this year. He has been staying with his brother but is moving into a flat in May. He has been told that he won't qualify for housing benefit because he is a home owner. He is saying that I have to sell the house, but it is only valued at £75,000, Which wouldn't be enough for us to both be able to move on. My husband has just retired and I have 18 months before my retirement. If I am forced to sell I too will be asking for housing benefit in 5 or 6 years when my funds run out. Our house is mortgage free. It is my husband's behaviour which has caused this split, but which ever way I turn it looks like I will be paying the price. Please advise
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Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much does a one bedroom property in the same general area cost to buy?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi Clare, thank you for your reply.The cheapest one bedroom property I have seen is £45,000. Our house is our only asset. Now that my husband has retired he gets £620 per month state pension. He has an ANNUAL pension of £1,100. As I work nights I can pick up appox £1,100 per month, but I am due to retire in September 2015., Elaine

Expert:  Clare replied 3 years ago.
Hi
So you would need £45,000 to rehouse yourself.
have you looked at any shared ownership schemes?
Clare
Customer: replied 3 years ago.

No. I really want to stay in our house which has been our home for 35 years. It is going to be a struggle to do that but at least I am not paying any rent or mortgage, If I thought selling would benefit either of us I would go along with that but we are both going to loose if we sell. Can my husband force me to sell?

Expert:  Clare replied 3 years ago.
Hi
I am sorry but yes your husband can apply to the court for an Order for sale and the Court does have the power to make such an Order - and would almost certainly do so since you could be rehoused for £45,000 if need be which would still release finds for him.
If you wish to remain in the property then your only option is to raise the funds to buy out his share of the property.
Whilst they are far from cheap in the long term you may wish to look at Equity Release schemes to see if that is possible
I am sorry - I know that this is bad news - but please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you Clare, the upshot of that is that my husband has no funds either so he can't afford to push me. If we were to sell we would both end up with very little and certainly not enough to move on. My other advice has been to "do nothing" which is what I plan


Elaine

Expert:  Clare replied 3 years ago.
Hi
I hope that works!
Clare
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