Reply To: Capital Value of previous home disregarded or not

#282894
nick dearnley
Participant

You’ve used para 6 of Sch6 presumably, and that cannot be extended. It seems reasonable that they are estranged, so para 4(b) won’t apply:

4. Any premises occupied in whole or in part—
(a) by a person who is a relative of the claimant or of his partner as his home where that person has attained the qualifying age for state pension credit or incapacitated;
(b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.

It’s slightly odd that 4(b) contemplates that there could be former partners who are not estranged…

The other way to go, if it cannot be disregarded, might be to look at the value of her share. With her former partner living there it might not be much. Half the value vs the value of half?

Couple that have split up