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Living with an ex

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SC00BY | 18:02 Tue 19th Oct 2010 | Law
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I guess law may be the best place to post this.

My ex and I split up 2 years ago. And are considering living in the same house, but not as a couple.
This would be so that her son, my step son. Could remain at his school. My ex claims various benefits, as it is difficult to work around school.

How do we stand legally. Would the law/benefit system assume we are together? Would she be able to rent rooms from me?

Could we do this, if so would we have to prove we aren't together?

We genuinely are not a couple and are never going to be again.

Thanks in anticipation
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the DWP would probably visit to check out your living arrangements. whilst your situation is unusual, I suspect it is happening more often as couples get stuck living in the same house, but would probably view it as a temporary situation.

you may be pushing your luck with rent though. this will vary with different Local Authorities.

I assume you've talked through what would happen if either of you met someone else?
1. You need to be careful that your living arrangements are entirely separate. No joint bank accounts, no joint purchases of food or joint meals, no joint social life, no joint sex life. You would have to be able to prove this to the satisfaction of DWP (& HMRC Tax Credits if she claims them).

2. I'm not sure whether you could charge rent & your ex get Housing Benefit to pay it - the only way of knowing for certain is to enquire of the local authority. But note that if you don't charge, DWP/HMRC may use that as an argument that this is not a commercial arms length arrangement & then be more difficult about the other benefits.
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Just go to them and tell them the change in your circumstances.Whats the problem?
Its then up to them to decide what you are entitled to.
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My friend is in a similar situation but he's not an ex...he's her friend. They said she can claim housing benefit but she'll have to get a contract. They came out for a visit but didn't check any of the rooms. Although they said they might do at some stage.
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Scooby,

When you say Ex, is it your Ex wife or girlfriend? Also is the house in your name?

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