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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a joint tenancy the other tenant has never lived in

Resolved Question:

I have a joint tenancy the other tenant has never lived in this property.He has been in prison for over 8 years now. I do not want him to move back in with me on release ( I do not have a date for this) I am moving to another property and have been told I have to have his signature on the paperwork .What can I do.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is this a Council tenancy?
Clare
Customer: replied 2 years ago.

It is a housing association tenancy

Customer: replied 2 years ago.

this is a housing association property

Expert:  Clare replied 2 years ago.
Hi
Are you still in contact with your ex at all?
Clare
Customer: replied 2 years ago.

no

Customer: replied 2 years ago.

no.

Expert:  Clare replied 2 years ago.
Hi
Do you know which prison he is currently in?
If not can you find out?
Clare
Customer: replied 2 years ago.

I may be able to through the probation services.

Expert:  Clare replied 2 years ago.
Hi
Excellent
In that case the way forward is to apply to the court for the Transfer of the Tenancy into your sole name.
This is done using the form here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdf
You will be using The Family Law Act 1996
You will need to send it to him in Prison - but then the application will go ahead and the tenancy will be transferred d into your sole name
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you