Moving into ex's property temporarily, he is moving out, is this legal?

[PeppermintLatte]

Hi,

backstory - ex and I split in 2011, we have a daughter. Very amicable, neither of us are in a relationship with anyone else yet, but could never get back together (as much as I might want to, he does not)

When we separated, I left the flat he owned and moved in with family (couldn't really afford my own place at that point) He stayed at the flat. In December 2012, he started renting the flat out to his cousin and moved into a house, set up a play room and bedroom for our Daughter and we began sharing custody 50/50.

We have to apply for school this Autumn for our Daughter, and we both want her to go to school where he lives. There are 2 reasons for this, firstly it's a nice area and all the schools are performing very well, secondly I am moving to the same area in May 2014 to a lovely 2 bedroom, affordable apartment that is perfect for me and my Daughter (The tenant currently in said flat is leaving the country when his tenancy is up, I know the landlady and it has been arranged that I can begin renting it straight away)

The problem is, because I live in a different area at the moment with family, I will have to apply to schools that are local to my current address. They won't take into account the fact that i'll be moving area in May. It has to be where I am living in January 2014, as they check council tax records and child benefit address.

Ex can't apply for the school place without me as he is not "main carer" even though she spends half the week with him. My apartment I am moving to is not mine until May 2014 so can't use that address.

Ex has said I can move to his home with our Daughter, from around December to May 2014 when my flat is ready. Therefore I can apply for the local school. Problem is he will have to move out, so he has spoken to his cousin (who's renting the flat he owns) and his cousin has said he can move in with him no problem. His cousin is a marine and is not there much anyway.

Obviously I'd make council tax aware of my temporary change of address, as well as child benefit and tax credits, car insurance etc.. but is this legal? Would ex need to come off the council tax bill? He'll inform HMRC of his change of address, but bills would all still be in his name as it's a temporary move. I claim CTC as a single parent, and am also eligible for a little bit of WTC, will I not be allowed to continue with this claim as i'm living in ex's property temporarily, even though he will not be there?

Scared of doing something wrong and getting into trouble. Any help appreciated.

Why can't your ex apply? Presumably he's got PR?

I can't see tax credits being a problem as your ex will be moving out so you wont be living together but you will need proof of address. You'd have to change address for bank etc too.

Would you be able to put council tax in your name and he pay it - if he was going to pay it while you are living there?

It seems daft that your ex can't apply if you have 50/50 custody even if you get tax credits etc.

Which LA are we talking about? PM me if you don't want to post that publicly.

The risk is that the LA will decide your application is fraudulent or deliberately misleading. That means they can take away any place that is offered even after your daughter has started school. And the fact that bills would still be in your ex's name would potentially be all the ammunition they would need to take the place away.

You can apply for schools where he lives from your current address through your current LA. However if they are oversubscribed you are unlikely to get a place, in which case you will end up being offered a school where you live now and having to apply again once you have moved. If you apply after you have moved you will get a place somewhere but it may not be at one of your preferred schools.

Does your daughter split her time equally between you or does she spend more time with you? The reason for the questions is to explore whether there is any possibility of your ex applying. That may be easier and less risky than you temporarily moving into his property.

Apparently ex can't apply as I'm the one she lives with more, I'm the one who receives the child benefit. I'm not going to change the CB over to him.

The school's in the area are all oversubscribed, but they aren't the type of schools I could see people lying about their address for.

I just think it's a huge hassle to change all the bills into my name, because it's only for about 4 and a half months, then they will have to be changed back, but I'm guessing if I don't change all the bills over, HMRC will assume we live together and my claim will be stopped and I'll get into trouble?

Will PM you now, prh47

From a tax credit view point it is essential that you change the bills to your name then change them back when you leave.

99% of tax credit fraud checks rely on data matching and the decisions tend not to be done on a this is what she said basis but on a this is what we discovered one and then they stop your money no matter what you say to them.So of his name comes up at your address on data matching it will be very hard for you to challenge it.

From a school one are both addresses ( his and the one you will move to after you leave his) in the catchment area?

Thanks so much, sock.

So if i put all bills in my name, and make sure ex puts his phone contract, bank statements etc.. at his temporary residence that should be ok? Will i need to take him off the council tax straight away? Was hoping i could get a bill with both of our names on for school purposes you see, as daughter has his surname, not mine. Will he need to go on council tax bill at other address straight away?

I'm wondering if change of address will mean i'm automatically put on universal credit? I hope not, don't know enough about it yet.

Yes he has to do those things. But the council tax thing you will lose single person discount when it does not matter a jot what your child's sur name is to the school and hmrc would view a joint bill as evidence.

I think your over complicating things somewhat.

You will be living at that address and you will not be moving out of the catchment area as soon as she starts,you have child benefit for her in your name you can get a award notice from them showing your name as the claiment and hers as the child. Why bother pis s arsing around doing things that would give an appearance of dishonesty for ether school hmrc or the LA when you don't need to because your NOT being dishonest.

As to universal credit. We don't know what the circumstances that bump your claim over are going to be yet.

But we do know its behind schedule and they are doing brand new claims first along with out of work claimants so you may be ok on that front until much later in the year.

Thank you sock.

So providing we just get all bills etc... Changed over into my name, and he goes down on the electoral roll/council tax in the other address, and obviously changes his mail over too, it shouldn't be a problem?

Will it look suspicious in May when I change my address again? I wasn't going to tell the school as her Dad will be living there anyway.

Have you considered looking for another temporary place to stay before you move in 2014?

While I think you can make your ex's address work for you, another address would remove your concerns about seeming to be fraudulent.

Yes pepper that will be fine but you have to change EVERYTHING.

It does not matter where he registers himself as long as it is not in the same place as you hmrc can not ask you to provide any evidence of his location other than things that are public record but they can and will access none public record info themselves.

Also make sure you have no and I mean no joint accounts either bank or credit as anything that's a financial association is evidence for them with the sole exception of him paying maintenance. So if he for example has a bill of yours in his name and pays it instead of direct maintenance then you need a pre written signed and dated agreement but its so much easier if you don't go down that road.

Laeiou - I couldn't think of anywhere else, plus with this being my daughter's genuine address for half of the week and probably will be for many years, I think this is best.

Sock - we've never had anything at all in our joint names, except tax credits when we where a couple. There won't be any bills in his name, I'll change everything until I move & he moves back in. Only thing he is registered at this address for his Dr's, does he need to change that? Also the mortgage on the house is in his name & obviously comes out of his bank account, is that ok?

My worry is when I move in may & register my council tax elsewhere, that they'll inform the LA and my daughter will lose her place (she'll be offered it mid April) or am I being paranoid?!

Your being paranoid.

Re the mortgage, do your change of address in writing include in your letter that you will be living there with your children but no other adults.

Include a letter from him confirming that he is none resident and what ever he is charging you to live there (if any charge) if none just focus on the none resident bit and it would be helpful if he was ale to include his address if they want to correspond with him (they won't but its a tactful way of providing his different address) the mortgage will show up on data matching but if that info has been provided in advance it shows no intention to deceive. End letter with no other changes of circumstances to report Send the letter so it has to be signed for.

You may get a risk assessment letter back from the Preston office asking for a bit more info but that's nothing to fret about just answer everything they ask truthfully and they will close the file and it won't stop your claim. They are also unable to share any info with the LA.

As to the paranoid bit with the school I have no idea all my kids go to independent schools so I don't know how admissions work, hmrc and dwp are my thing.

I think you need to really look into this thoroughly and check and double check your LEA's admissions criteria. I speak from experience of a not too different situation when applying for a reception place.

Our local LEA have pages of information about when residency is shared between two homes, which address should be used and how they check this. Like you've said the CB address is the one to be used. They wanted a recent CB letter in the name and address of the applying parent to prove the Child's residence there. They also do not allow "temporary addresses" and have a section in their application guidance notes relating to people moving in an address temporarily purely for the purposes of being able to get a place at their preferred school.

Sock - so when and if I go ahead with moving into my ex's, I should inform tax credits that it's my ex's property but he won't be living there? And I should give his new address in? I'm starting to think it may be best staying at my parent's and using their address & hoping for the best, I just feel like it's a lot of messing and I'm worried that they will think it's suspicious that I'd be living at ex's address. Bare in mind I won't be claiming housing benefit or anything like that, but I just feel uncomfortable that it would flag up that it's ex's property.

Troubled - will try and ind some info regarding my LEA admissions policy.

Tbh you may think its way more hassle than its worth given the amount of paperwork you will have to change.