Divorce/house sale and school application

[Jw1102]

After some advice for anyone who has had similar experience please…we are selling our house during the divorce process. My ex doesn’t live there as he has been renting elsewhere for years (out of catchment) and I (and my children) have moved in with my parents for support while I figure things out. Our children are shared 50/50 and I claim CB for the child applying for secondary school.

I thought that I should put my parents address down on the secondary school application as that is where we will be living but am wondering if I should put the old house address instead? Policies talk about not accepting “casual living arrangements”. I have changed my address with CB and GP etc and could be here for at least a year so while it is temporary I wouldn’t say it’s “casual”.

I just don’t want to get in trouble with admissions as am very aware some parents do all sorts to get into specific schools but given the timing of everything I just don’t know what to do for the best if the house hadn’t sold by then. Have tried calling admissions team but can never get through.

There is 5 months until the applications deadline so you have plenty of time.
Many areas will take a house you own over temporarily living with family.

My suggestion would be see how the land lies in September and then contact the admissions team by email explaining situation and asking
a) which address to use
b) up to which point you can change that address and still be counted as on time

Thank you, I’m just stressing out an overthinking as everything is a bit overwhelming right now! We may well have sold the house by late October but if we need to get a pensions report for the divorce and the consent order takes longer than hoped, we won’t be divorced forever in time and so can’t finalise the sale.

I’m pretty sure you can still sell the house even if the divorce and financial order isn’t complete.

See where you at in the autumn but as it stands it sounds like you very much live at your parents’ house. It’s where you live which is relevant not where you own a house.

Who is on the council tax bill at the family home?

My solicitor has advised against it and as my ex has unfortunately shown himself to be unreliable and untrustworthy I need to do as advised. Can’t risk losing the house and then him charging whats been agreed.

Me - ex hasn’t payed towards the house for years but we do joint own.

That isn't always true.
In some areas due to parents manipulating the system previously there are very tight rules, and if you own a house in the area, even if not living in it, that can count.

Examples of manipulation that rules in some areas prevent these days:
. owning a house but renting a flat/house near the desired school, then moving back to house once school place issued (or even never moving there)
. claiming to have split from partner so using address of parents who just happen to live nearer to preferred school, then reconciling once school place issued

Surely you leave the proceeds with your solicitor until the finances have been court stamped then?

Yes, but I can’t trust my ex not to turn around and try to get more equity than previously agreed at that point. In which case it would be better for me and the children to remain in the family house while things are sorted than stuck with family.

You mention your parents house is where you will be living, but is it where you live now? If that is the case have you told your council you have vacated the marital home and it is empty? You may find you can’t get a single adult council tax discount if you don’t live there. Likewise, have you told your home insurance company the marital home is now unoccupied - they often place conditions on the insurance. How far from the marital home do your parents live? Is their home better placed for a favoured secondary school?

have you actually filed for divorce and is the house on the market? These make a difference

Just moved in recently. CT isn’t an issue as house is on the market so council say it’s exempt from additional charges. Likewise no current issue with home insurance. The houses are only a fifteen minute walk away in the same town. My parents are closer and def close enough to get in. The marital house is likely to have been close enough but not guaranteed.

Divorce should have been simple but has been ongoing for 2 years due to my ex delaying every step. Thats partly why I am struggling and have moved in with my parents. The house is on the market but I can’t be sure it will be sold by end October. I’ll email admissions and try to get something definite in writing to help put my mind at ease about what is the best option. Maybe it’s best my mum comes and stays with me a bit instead, if she’s willing. And speak to a GP. I’m very happy to be separated and getting divorced. It’s the uncertainty of moving/schools/mortgage rates etc that have tipped me over the edge a bit. Just want to make the right decisions for the children and I can’t see what that is like I used to.

From their point of view, you may change your mind about selling and just move back in. You parents' house is conveniently nearer to the school.

Your safest bet is to get the house sold by the deadline.

True. If only it was that easy! But I think I just need to accept the timing is bad and do my best and go back to the house. Thank you.

I would take a view in September rather than now. If you have sold by then there won’t be an issue and your buyer may want to be in by application day too.