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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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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I am wanting to sell my house and move to a council house.

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Good morning. I am wanting to sell my house and move to a council house. Is there any way I can protect the lump sum I will get from selling my house? Thank you.

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - are you actually entitled to a Council House and do you mean you wish to claim Housing benefit?

Customer: replied 9 months ago.
Hello Clare. I am 67 years old and there are locally some bungalows that anyone over 55 can apply for, this is what I’d like. At the moment I own my house outright but am receiving benefits because my only income is state pension and have virtually no savings.

What is the equity in your current home?

Customer: replied 9 months ago.
I haven’t had it valued yet but I expect it to bring approximately £120,000.

I am afraid that there is no way of ring-fencing this - you will not be eligible for any means-tested benefits until your savings reduce to the requisite level.

Any attempts you make to avoid this will be seen as Benefit Fraud I am afraid.

Please ask if you need further details

Customer: replied 9 months ago.
Good morning Clare. Not sure if you got my last message. Would I be able to share the money between my 3 sons?
Customer: replied 9 months ago.
Would I be able to share the money between my three sons and continue receiving benefits?

No I am afraid not - that would be seen as deliberate deprivation of capital which is viewed as a form of Benefit Fraud

Customer: replied 9 months ago.
Ok, thank you Clare. Thanks for clarifying this for me, I certainly don't want to break the law. I'll look into other options, many thanks for your help.

You are most welcome I hope all goes well

Clare and other Family Law Specialists are ready to help you