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Clare, Solicitor
Category: Law
Satisfied Customers: 35043
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Entitled to apply forjoint tenancy of council property in august.

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Entitled to apply forjoint tenancy of council property in august. Partner dying of cancer. Told will probably be refused because i own half formermatrimonial home. Occupied by former husband he is 72 and not well cannot throw him out and cannot live there, dept of works disregarded it when assessing financial status. Where would i stand?
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 there a court order within your divorce proceedings confirming that your ex has the right to remain in the Matrimonial home?
Customer: replied 2 years ago.

Hi the xi orce settlement statesthat hemay live at the property but i can give six months notice and hej will have to raise my half or put prop on market. As he is now ao old and unwell i could not do that at the moment. Anyhow i would still be homeless for at least aix montha. DEPt of works when assessing my partners and my income and savings disregarded the property because i cannot gain from it.

Also my partner had joint tenancy with wife 1998 she died succession only allowed but council changed terms and conditions and single tenancy valid from december 2013 could this be a loophole?

[email protected] reg carer

Tnks marion

I am sorry but the problem is the fact that you COULD solve your housing needs if you chose to dos os.
I appreciate that you would not want to do so - and respect the reasons - but the Council do not have to when considering the best use of limited housing stock.
The change is the tenancy does allow you to succeed at the time he does PROVIDED you are no longer a joint owner of the former matrimonial home.
I am sorry not to give better news.
Please ask if you need further details
Customer: replied 2 years ago.

Wouldbe prepared to sign over my half of prop to former husband can that be done and how quickly

That may not help as it would mean that you are deliberately depriving yourself of an asset - so make sure that it will be worth it before you do it
An alternative would be for the Order to be varied so that the House is transferred to your ex with you have a charge back on the property when it is eventually sold.
This could be put in place within six weeks - and could be justified by the fact that he needs security
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