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rent allowance

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  • 20-08-2012 12:33pm
    #1
    Registered Users Posts: 392 ✭✭


    Hi Guys

    Hope someone cant help me with this, i was let go from my job in june, signed on and was hoping to pick something up since but no look,

    Im wondering am i entitled to a rent allowance, we had our wedding booked for two weeks after i lost my job and the apartment we live in is my wife's now that we are married, with it being my wifes mortgage im wondering is there any point in putting in for rent allowance, my wife earns 1911 per month, or mortgage is over 1000 of that gone per month.

    I dont have a clue when it come to any of theis stuff but your help would be great,


    Thanks


Comments

  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    you need to post in the state benefits forum


  • Closed Accounts Posts: 36 Fr Jessup


    If the property is in your wifes name then no you are not entitled to RA as neither of you are paying rent.


  • Registered Users Posts: 392 ✭✭Dan82


    but its not my apartment, its my wifes, so we would be better to rent her apartment we are living in and rent somewhere else and then i would get the allowance?? says alot about this country :)


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    well probably what OP is confusing RA with is a payment towards the mortgage from the Community Welfare officer. As you say, they can't get rent allowance cos they are not renting. But might be entitled to some allowance towards the interest portion of their mortgage.

    But as I said, to get better answers to these issues OP should post in the State benefits forum where I am sure folks will have more information for him.


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Dan82 wrote: »
    but its not my apartment, its my wifes, so we would be better to rent her apartment we are living in and rent somewhere else and then i would get the allowance?? says alot about this country :)

    when you got married, her apartment became yours. Also, regardless, you are not paying your wife rent surely?
    and no you would not be better to rent out the apartment and then live elsewhere to claim RA, because doing that would be fraud.

    Ask in State benefits - they can sort you out with what you can/cant apply for.


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  • Registered Users Posts: 392 ✭✭Dan82


    Thanks will do


  • Registered Users Posts: 12,845 ✭✭✭✭average_runner


    Dan82 wrote: »
    but its not my apartment, its my wifes, so we would be better to rent her apartment we are living in and rent somewhere else and then i would get the allowance?? says alot about this country :)


    Ok, put this way, if your wanting to pay rent on her apartment, she needs to pay tax on that rent. Also if she bought that apartment for living in and is now changing it to renting, she is ment to ring the bank to change the terms, so higher interest rate be applied.

    Your chancing your arm to be honest.


  • Registered Users Posts: 392 ✭✭Dan82


    the bank already have her on a rip Mortgage so that wont make no difference, we understand the point of paying the interest but when you can just about afford to put bread on the table i dont think the comment, CHANCING YOUR ARM really helps a person, i have worked very hard over the years i dont have a job at the moment and i have paid all my taxs during my time working, again i think people look for advice on these websites not some having a go at them average-runner, you might think twice and type once, could help you alot


  • Registered Users Posts: 25,688 ✭✭✭✭Mrs OBumble


    Little Ted wrote: »
    when you got married, her apartment became yours. QUOTE]


    Eh - I thought that sort of law (man marries woman and is automatically gifted with all her property) was repealed a LONG time ago! If it wasn't, then linkies please !!!


    MODNOTE: I'm moving this to State Benefits.

    Lads - I know you wanted to help, but rather than telling the OP to repost, just use the report button. Saves on noise, and dup threads.


  • Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    JustMary wrote: »

    Eh - I thought that sort of law (man marries woman and is automatically gifted with all her property) was repealed a LONG time ago! If it wasn't, then linkies please !!!


    here you go:
    Family home

    A family home primarily means, a dwelling in which a married couple ordinarily resides. Whilst some family homes are held in the sole name of one spouse, many family homes are held in the joint names of both spouses as this is often a condition of the mortgage used to buy the house. The Government encourages spouses to put the family home into their joint names and there is no stamp duty or registry fees payable on the transfer of a family home into joint names.

    Home protection

    Protection is provided for the family home of a married couple under the Family Home Protection Act 1976 as amended by the Family Law Act 1995. Similar protection is provided for the shared home of civil partners by the civil partnership legislation.
    This legislation prevents one spouse/civil partner from selling, mortgaging, leasing or transferring the family/shared home without the consent of the other spouse/civil partner. The courts can dispense with the other spouse's/civil partner’s consent where it considers that the withholding of consent is unreasonable. A spouse/civil partner is also able to apply to the courts for orders restraining the other spouse/civil partner from doing anything that might reduce his or her interest in the shared home or make it unsuitable to live in.A spouse/civil partner may inform the Property Registration Authority that he or she is the spouse/civil partner of a property owner. A notice to that effect will then be registered. There is no charge for such a registration. There is no requirement to enter such a registration and its absence does not affect the rights of a spouse/civil partner.
    The protection provided by the legislation is particularly important when the home is held in the name of only one spouse/civil partner

    Who has ownership rights in the home and what share does each spouse/civil partner own?

    A court can order that the house is sold and the proceeds divided equally or in whatever shares it considers just. It can order that the sale be deferred for a specified period of time. It can order the transfer of the house into joint names or into the sole name of one spouse/civil partner. If the house is held under a tenancy from a local authority, it can order the transfer of the tenancy.

    so basically, just because you owned the property before marriage does not mean that upon a dissolution of the marriage you get the property and your spouse gets nowt. Its to do with the propery becoming the family home. For the social welfare/HSE they are interested in the family home, not who's name is on the mortgage and who pays the repayments.


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  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    The OP found us before the move.Closed


This discussion has been closed.
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