Income Based ESA and Home As Capital

I currently claim Contribution Based ESA support group.
In June 2016 I was sent out forms for Income based due to entitlement to Severe disability allowance after receiving high care PIP.

My claim was recently turned down due to capital in half ownership of a house with my husband who I haven't lived with for 14 years although we are the best of friends and see each other every day.

I have been living with my son who has medical issues and cannot live alone. He receives DLA high care and low mobility.

I have asked for a MC regarding this and the decision maker still maintains the house should still be considered as capital even though my husband is over pension credit age (though he doesn't claim it and also claims industrial industries.

I have read on the the DWP site that if a relative who is over pension credit age and has a disability the 2nd property can be disregarded?

The MC decision maker agrees this is a point and has forwarded the matter for legal consideration before he makes his decision as he feels he cannot make a decision on this.
However, I feel that he is going to disallow it.

Can anyone please advise or has anyone had a similar experience?
Many Thanks

Thanks for the reply Gordon.

I had hoped that perhaps someone out there may have had a similar experience.

I have contacted Citizens Advice and others but as this is a unique situation no one seems to have any answers including the ESA decision makers.

Thanks Again!