Propertyl jointly held by estranged capital

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  • #23082
    Anonymous
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    Help please should we disregard or not!
    Let me set the scene:
    A couple in our authority bought a 2nd property as a buy to let in 2003.
    They moved into the 2nd property and let out the one they were living it.
    So far no CTB claimed so no problem.
    May 2005 Mr leaves the family home and moves in with their tenants and becomes a resident landlord.
    Mrs is left in the most recent family home with the children and makes a standard CTB claim.
    Our problem is re the equity she owns in the property were her ex partner is now residing.
    Do we inlude this in her claim or is it to be disregarded as her ex partner is living there.

    They are joint owners of both properties.

    Thanks for any help as we are well over any 26 week period.

    Confused of Enfield

    #10812
    Anonymous
    Guest

    You take the equity that is in the property not occupied by your claimant into account, but it is the value a willing buyer would pay for that share with the incumbrance of having the other joint owner living there and (presumably) not willing to move out. (Less 10% of course)

    The value of such an investment could well be near worthless. See R(JSA)1/02

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