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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My friend and her partner split up 3 years ago but still

Customer Question

My friend and her partner split up 3 years ago but still live under the same roof - in separate rooms; she has two daughters they youngest by her ex. He contributes nothing to maintenance, nothing for rent or council tax (altho his name is ***** ***** on the bills) and although gas and electricity are in his name, she pays those bills too. they eat separately and lead separate lives. The situation is intolerable because he will not leave, she is not able to get the property put in her sole name, and she is now being denied tax credits. What can she do to get the bills and proerty in her name or at least persuade HMRC she is separated and should be dealt with as a single individual?
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are the children?

Customer: replied 11 months ago.
9 & 12. The youngest is by the ex -partner and the oldest by a former partner. The mother is stuck with the ex in the house, but living entirely separately, she is paying all the bills and now has been denied tax credit. (They are Polish)
Customer: replied 11 months ago.
the ex is also alcoholic and makes life very unpleasant - although not violent it is impossible for the girls to have friends around or their mother to entertain at weekends. They eat in their bedroom, the ex occupies the living room where he eats and sleeps.
Expert:  Clare replied 11 months ago.

Are they married?

Customer: replied 11 months ago.
No nor in a civil partnership
Customer: replied 11 months ago.
He has a new girlfriend since last October ... she stays over occasionally.
Expert:  Clare replied 11 months ago.

Your friend can apply to the court for a Transfer of the tenancy into her sole name allowing her to force her ex to leave.

The form she needs is here

http://www.jordanpublishing.co.uk/system/uploads/attachments/0008/5521/D50B.pdf

She can read more here

https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-rent-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-transferring-a-tenancy-to-a-partner/

Please ask if you need further details

Customer: replied 11 months ago.
thank you and what can she do in the meantime to persuade HMRC that she is not a couple and is entitled to tax credits as a single person?
Expert:  Clare replied 11 months ago.

The only effective thing she can do is send evidence that she has issued the proceedings

Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 11 months ago.
really she is trapped in this intolerable situation unless he agrees to leave. Ok - thanks
Expert:  Clare replied 11 months ago.

Not at all.

She can and should issue proceedings immediately - she would be successful and it will not take long

Customer: replied 11 months ago.
Thank you so much for the additional and encouraging reply - it gives her hope.
Expert:  Clare replied 11 months ago.

I am only sorry I was not more clear the first time round!

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