renting my ex husbands home

[brendaboops]

i am getting divorced but have a child and want to stay in my home. can i claim housing benefit to rent the house from my ex husband. this would be so much better for my 5yr old not to have to move home and possibly school

[themas]

I assume the house belongs solely to your ex husband. (If it was jointly owned you would not be able to get Housing Benefit, even if you transferred your share to him.)

It is possible in some circumstances to get HB to rent from an ex-partner, but there has to be a proper arms length commercial tenancy agreement, and the local authority would want to look closely into the situation. It is probably best to enquire of their Housing Benefit Section.

Do remember as well that there are limits on the level of rent that HB pays - both in relation to the size of property and average rent levels in the locality. If the Local Authority accept the principle, you need to ask them for a pre-tenancy determination to find out how much rent they would pay.

[lady_p_gold]

Regardless of whether the house is in his sole name or not, as his wife you have a right to live there and to remain there. Are you getting any legal advice? I would stay put if I were you, why do you need to rent the house when it is your own? If you are married then the house is part of the joint marital property.