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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and Ihave a joint tenancy with Circle housing

Resolved Question:

my wife and Ihave a joint tenancy with Circle housing (Merton Council)unfortunatlely we have separated and I have moved out of the marital home.There is a great deal of money in rent credit left on the books.Ihave informed Circle housing that I will give up my tenancy and requested 50% of all monies in credit,I was informed this was there policy but after speaking to another rent officer I was told that was not happening.Where do I stand in Law
Thank You
John ********
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow did the credit accrue?
Customer: replied 1 year ago.
over a long period of time the money was accrued by mostly by housing benefits which are paid to circle housing approx.8 to 10 weeks in arrears.During this time the rent was still being paid by Direct Debit.So when the Housing Benefit people finally paid me my benefit this went towards rent and so credit accrued. By the way ,although they all work under Merton Council the Housing and Council Tax Benefit people and the RentOffice (Circle Housing) do not talk to each other,and when making a claim due to sickness or unemployment you spend a lot of time speaking to different Depts.
Expert:  Clare replied 1 year ago.
How much is involved and do you have any children together?
Customer: replied 1 year ago.
when last in contact with rent people Sept.25th 2015 the sum was approx. £1900.and to answer your second question no children involved our daughter is 24 and rents her own property (Private Landlord)
Expert:  Clare replied 1 year ago.
has your ex confirmed that she agrees to the division of the overpayment in this way?
Customer: replied 1 year ago.
she flatly refuses you are the legal buff not me,is her con sent required or should this come under Circle Homes Policy.If I was in arrears I would have to pay by Law
Expert:  Clare replied 1 year ago.
I am afraid that you have identified the problem - these joint funds can only be divided and released in this way if you BOTH agree or there is a Court Order stating that you should receive the funds.You will need to try and reach an agreement with your ex using Family mediationwww.familymediationhelpline.co.ukand if that fails you will need to apply to the Court for a Financial settlement within the divorce proceedingsI hope that this is of assistance - please ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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