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Legal Separation and Disputed Joint Tenancy

3 replies

fleshmarketclose · 21/07/2017 12:03

My husband and I have recently separated and will be divorcing. I am living in the marital home a 4 bed LA housing with an adult disabled son, a disabled teen daughter and another adult son with MH issues.
The Local Authority deem that my ex husband and I have a joint tenancy however I was sole tenant from 1987 to 1999 and was told in 1999 that ex h would be added to my tenancy when we moved into the current property but I would remain first tenant should we separate. Indeed for many years all correspondence was addressed to me but in the last four or five years correspondence was addressed Mr and Mrs X without me realising the significance.
I would like to be reinstated as sole tenant but have been told that should h ask to be removed from the tenancy the tenancy will end and I and my dc will be homeless.
I contacted the local law centre who advised that I had been told wrongly and should ask the LA to provide proof that I did end my sole tenancy in 1999 and begin a joint one with ex h as that is not what either I nor h remember happening.
I duly did as advised and heard nothing. I contacted LA again after four weeks asking for progress to be told they had replied by email on July 7th and didn't know what progress I was expecting.I replied by email and left a phone message asking them to resend the email as it wasn't received and reiterating that they should provide proof of me ending a sole tenancy and agreeing to a joint tenancy but they seem to be ignoring all requests now.
The Law Centre advised that if they can't provide proof then I should ask that they remove h's name from the tenancy and if they can I should advise that they have a policy of tenancy passing to one person of the joint tenancy so long as house isn't under occupied and ask them to put that in place.
However I can't get them to communicate with me! I want a sole tenancy because I want to feel secure here and ex h wants to be removed from the tenancy but won't jeopardise his dc's housing.
Any advice would be most welcome,thank you.

OP posts:
MrsBertBibby · 21/07/2017 12:20

If the LA are being idiots the easiest route is for you to apply to court for transfer. You need form D50B. Your application is under Family Law Act 1996. The court's order requires no further action by you or LA so they can't mess it up. You need decree nisi before the order can take effect.

Konkatenate · 21/07/2017 12:27

This reply has been deleted

Message withdrawn at poster's request.

Mc180768 · 30/07/2017 12:41

As the PP has advised.

However, I was an occupant on my husband's tenancy. I moved in with him and after a year, with my name on the Council Tax bill, his sole tenancy ended and we were issued with a joint tenancy.

People do not automatically become tenants, op, each occupant even if marrying the sole tenant still have to apply to become a tenant. More so nowadays.

So, as you stated, you do not recall ending your sole tenancy.

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