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Client has fled the matrimonial home due to domestic violence. She has the children with her, now in privately rented accommoation. He is alone in ex home. The home is worth around £240K, they bought it for £110k plus a small mortgage, now paid in full. She put up 'a good deal' of the £110 when they bought it (not sure, may be as much as half). The house is in his name only, however her solicitor has now registered a 'beneficial interest' in the property.
She neither wants to return to the home, nor push him to sell, or buy her out as he is too threatening.
The client has other debts and is worried about potential overpayments if the house is regarded as capital. She would have no income at all if it was - she is on IS,CB,CTC, HB CTB.
It doesn't seem to come under the usual exclusions. I'm not sure if 'beneficial interest' counts enough to be ownership. Have looked at R(IS) 1/03 which is similar. The commissioner said the home should not be counted, but in that case the wife had taken no action over the home.
Any ideas?
Thanks
janet Elphinstone
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