Household bills

[Finallyiamleaving]

I am putting all my ducks in a row and I'm going to leave my lying, cheating, narcissistic STBXH after two years of living apart in the same house. It’s two years since I called him out on his cheating after 30 years of marriage. Since then we have been living apart but under the same roof.

This autumn DS will be going to university and I will move in with my parents.

The house is mortgage free and in joint names. STBEX will not agree to the divorce, will not agree to sell the house etc. He’s not paying any of the household bills and refuses to do so, they’re all in my name. He is self employed and says he’s no money. He’s not a nice person.

I am finding it difficult to find out what I can do about the bills once I move out. I am presuming internet, utilities etc are easy to cancel but what about council tax as I will still own half the house?

Is there anyone who has been through a similar situation and can offer any advice? TIA

presuming internet, utilities etc are easy to cancel but what about council tax as I will still own half the house

Just tell the Council your new address, as far as I know you are not liable for simply being the house owner. Your ex can then apply for the single person discount.

Make sure to take meter readings before you go.

Good luck 🍀

Just tell all the companies, council tax included, the date you leave the property and your forwarding address. In this situation you are only liable for council tax if you’re living there - your ex will be sent a form to apply for a single resident discount. If he doesn’t do that, that’s up to him but any bills after you’ve moved will be in his name only.
Re the house, go for an order of sale so he has to either buy you out or sell it. Good luck!

I know he will make the sale impossible even if I get a sale of order. He will be like a Rab C Nesbitt when potential viewers arrive at the house and tell them lies about the property and area. Ask for a higher valuation etc etc.
i am fortunate that i can live with my parents and I can keep the property as an investment. I need to change the ownership to us owning 50% each rather than 100% jointly but will do this as soon as I leave.

You’d have to both sign the documents to tenants in common with 50-% each and sever joint tenancy. Will he agree that ?

and to what purpose ?

I understand, although if someone is ordered to sell the house and they make it impossible then a judge can then order that you take over the sale, that he isn’t present when it is shown etc, or that the court take over the sale. Best wishes

Agree with @millymollymoomoo - he is likely to be difficult changing it to tenants in common as well. It might be better to get it all over with now, let the solicitors and court deal with him.

I need to investigate further but my current understanding is one person can apply and the second person receives notification.
I want to do this so he cannot borrow on my half of the house.

At the moment, I am focusing on getting out. I haven’t got the money for solicitors at the moment and court fees.
Once I am away from his toxicity, I will reevaluated what my options are.
Thank you for your advice.

This isn't correct.
The other joint tenant doesn't have to agree to the change to tenants in common.

@millymollymoomoo is incorrect about severing the joint tenancy. @CheapThrillsMeanNothing is correct. See here:
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
It is simple to do.
However, a section 37 injunction is a legal order that prevents a party from disposing of or dealing with assets in any way and can be applied for if concerned about the other party disposing of assets.
There are tax implications for the party leaving the property.
https://www.gov.uk/government/publications/capital-gains-tax-transfer-of-assets-between-spouses-and-civil-partners-in-the-process-of-separating/capital-gains-tax-separation-and-divorce

As you said you are 'getting your ducks in a row', hope this helps :)

30 years is a long marriage. Important to get full and frank disclosure as per Form E. Once all assets have been disclosed, parties need to make sure they get documentary evidence of value of assets.
Property - surveyor or 3 estate agents taking the average valuation is often used.
Pensions - get CETVs from the providers (usually free on request - 1 per year). Parties can also get a pensions on divorce expert/actuary report - pensions are not always like for like, and the actuary can factor in retirement ages of each party (55/60/60+ for e.g.) and look to equalise income or a percentage agreed by the parties - e.g. 60/40. A report costs £2-3K and can be well worth it. In some cases pensions are worth more than the former matrimonial home.
If going for pension sharing, make sure a Form P is sent to each provider as this puts the pension provider on notice - a court cannot make a pension sharing order without this being in place.

Look at Section 25 of the Matrimonial Causes Act 1973. It establishes a comprehensive framework that guides the court's decision-making process in financial remedy case. Splitting assets is guided by this.

If not getting full and frank disclosure at Form E exchange, send a questionnaire to the other party - a list of what information and documentary evidence is required and missing.
If still missing after questionnaires, send deficiencies - a list of what is still missing and required (including the documentary evidence needed).
If still missing after that, send a solicitor's letter formally requesting what's missing. Get a fixed fee retainer - solicitors charging by the hour eat up funds.
If still missing apply for a court order to get vital, missing, information and documentary evidence.
Once you have full financial disclosure, negotiation can happen. Some people use a mediator to assist but this is not advised if abuse is involved. A mediator can assess this.

Most and many people are litigants in person and represent themselves - don't have a solicitor. It is possible to get advice from a solicitor / barrister while being a litigant in person and this is worthwhile. They can also be employed to give guidance, and draft particular documents, for example a Section 25 Statement or Position Statement if needed.

https://www.advicenow.org.uk/divorce-and-separation

Also, do get legal advice before leaving the former matrimonial home - to risk assess all the implications and impacts on your case a financial future.

@mgsu Thank you for all the information. It is much appreciated 💐

Surely this would need your signature anyway? I’d suggest registering an alert with the land registry. At least that way if he does try to do anything with the house you’ll find out at an early stage.

Ok I stand corrected
when we severed ours we definitely both had to sign it, neither party could do it individually