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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am living in a housing association house which was

Resolved Question:

Hello, i am living in a housing association house which was the family home, my ex-wife left 2 1/2 years ago and we are divorced. She is still on the tenancy agreement for this house but is now renting from a private landlord. My question really is can she legally remain as a social housing tenant or as a result of her situation is she in breach of the terms of the joint tenancy ? If so what can be done to resolve this?
Kind regards
Robin
Submitted: 2 years ago.
Category: 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.
When was the Decree Absolute and why was this not dealt with at the time?
Clare
Customer: replied 2 years ago.

Hello Clare,

The Decree Absolute was issued in September 2013 following a petition posted by my ex in April 2013. I sought legal advice at the time, which was basically not to waste money challenging the petition, but the issue of the tenancy wasn't raised by anyone and so slipped through the net. i was, during this period ,also dealing with my mother being terminally ill and so was not focused on the divorce situation.

I hope this helps but please ask any question and i will answer the best i can.

Robin

Expert:  Clare replied 2 years ago.
Hi
Have you asked her to remove herself from the tenancy?
Clare
Customer: replied 2 years ago.

Hello,

Yes i have asked this on many occasions including during mediation sessions earlier this year, but she refuses to do so and is using it as a 'ransom' (if that is the correct term) until such time as i have paid monies she is claiming from me.

Robin

Expert:  Clare replied 2 years ago.
Hi
What monies is she referring to (it will impact on the method you use to remove her from the tenancy)
Clare
Customer: replied 2 years ago.

Hello,

This is perhaps where it gets a little complex!

Following mediation earlier this year i began paying regular maintenance

of £50 per week based on a full financial disclosure. My ex then calculated what she believed i owed her in back dated payments (less the total of two cash sums i had previously paid) from the point at which she had left me. I have not questioned whether she is in fact even entitled to do this but have in a very non- comital way said that i will pay but as and when i have spare funds - not to a time scale. I agreed hopefully in the interests of good relations.

Robin

Expert:  Clare replied 2 years ago.
Hi
Is this Spouse or Child Maintenance?
Clare
Customer: replied 2 years ago.

Hi

This is child maintenance. No official claim was lodged at the time of separation or divorce it was an issue resolved during mediation earlier this year.

Expert:  Clare replied 2 years ago.
Hi
In that case you have two options,
You can make a simple application to the court for the Transfer of the Tenancy - the form is here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdf
Alternatively you can make a financial claim within the Divorce proceedings using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The first option may well be the best one for you!
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi

thank you for your answer, i would just like to further ask how i would proceed with the Transfer of Tenancy application. Would i require a solicitor to complete the form or if not how would i word the request?

Robin

Expert:  Clare replied 2 years ago.
Hi
You can just fill the form in yourself - and ask for an Order that the Tenancy is transferred into your sole name
Clare
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