Introduction. For Bobby, she has an assured shorthold tenancy which, once the fixed term has expired, does not offer her a significant amount of security as she can be evicted by a no-fault s.21 notice. In the event of a joint tenancy, a landlord can at both tenants’ request agree to a change. She should also check to see if her local education authority might help with some other school costs, for example learning a musical instrument. She’ll need to think about how she does this. It should be noted that excluding someone from their home is an extreme option and the court will only usually make an order where there are no other real options available. If she had moved beyond the fixed term into a periodic assured shorthold tenancy different rules apply — there is further information on Advisernet about the options for periodic assured shorthold tenants. In this case study Bobby and her husband are both British citizens, however if this was not the case it would be important to check: Djamilla Hitchins is an Immigration Expert in the Expert Advice Team at Citizens Advice. This does not extend to maintenance for any children. Even if financial matters are agreed it is preferable in any event to have them confirmed by the court within an order. To continue to afford to pay her rent Bobby will need to obtain financial help with her housing costs. She can apply for bankruptcy herself by completing the online application but ought to get advice first about all the implications of bankruptcy. Most clients will prefer to have a tenancy in their sole name, so that they can stop their ex-partner returning to the property and be confident that he or she can’t unilaterally end the tenancy for both of them. Joint tenants can resolve their dispute by either: selling to a third party, or You should check the rules that apply to the client’s particular housing status — there is further information on Advisernet about the rules on assignment for assured and assured shorthold tenants, secure tenants and protected tenants. Specifically under CONC 7.3.12R they should suspend action for 30 days. These rights exist for the benefit of the child not the parent. Joint Tenancy/Tenants in Common Home Family Law Other Family Issues Joint Tenancy/Tenants in Common. Each of the tenants is responsible for their own rent and responsibilities and for the group's responsibilities and rent. The husband is likely to have a higher income and earning capacity than the wife and a case may be made for spousal maintenance. If she runs a business she can’t act as a company director or trade in a name other than the one that she had at the time that the order is made. risk of eviction, are far more severe for the person remaining in the property than one who has moved out. Rachel Ingleby is a Benefits Expert in the Expert Advice Team at Citizens Advice. There have recently been calls for the introduction of so called “no fault” divorce. Joint Tenancy agreement is a legal agreement between the landlord and all his tenants. Bobby and her husband have a Joint bank account. n. a crucial relationship in the ownership of real property, which provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship, which means that upon the death of one joint tenant, the other has title to it all. When Bobby’s youngest child is three she will be subject to all work requirements. If there was domestic abuse the court is more likely to grant such an order. They have all the rights, duties and responsibilities that by law a parent has in relation to their child. There is an overdraft on the joint account and they have some joint debts. Transferring your home from joint to sole tenancy … It will help if she can show that she can afford the rent based on her own income. You will need to advise Bobby that, as for a DRO, a bankruptcy order in her name would appear on a public insolvency register and is likely to have a lasting impact on her credit rating. There is no upfront fee. There is a lot of confusion and not a lot of clear information about tenancies and relationship breakdown out there. Bobby and her husband have decided to separate. If Bobby does not qualify for a DRO or a DRO is not suitable, for example because of unknown debts, bankruptcy is an option. Once benefits have been claimed Bobby might be able to offer a direct deduction or choose a weekly/monthly payment plan (or see debt solutions below). Also during the 12 month term of the order she won’t be able to borrow £500 or more without telling the lender that she has a DRO. broken down and he/she has left the home, you will probably want his/her name If you have not signed an agreement but entered into a verbal contract with your landlord at the same time as your If your relationship is breaking down, you can still apply for an injunction as above but it may also be practical to talk to your landlord and ask them to let you know if your partner attempts to end the tenancy. You’ll both need to move out. She might need help to do a better-off calculation. Finally, an often overlooked financial consequence of divorce is loss of pension rights. A financial consent order can incorporate an agreement for that party to indemnify the other for the debt. Even if the bill is in her husband’s name, as a joint householder she will be liable for paying this. Her husband works full time. Bobby may wish for some information on how it will affect her financially if she finds a job. You are both expected to pay rent while you are both called to the building. Bobby is not working, she looks after the children and her husband works full-time. In Bobby’s case the assets are limited and she may feel this is not necessary. Are there any current benefit claims that will be affected by the breakup? As such, the only way in which it can be dealt with unilaterally is for a joint tenant to act upon their notional share. If the council refuse to take the account back from the bailiffs Bobby can make a complaint. You can find further information on the impact of taking a lodger here. This will lead to a 25% reduction in her council tax bill. They have some joint debts with council tax arrears of around £2,000, water and electricity arrears and each have some credit card debts. They have no savings or other assets apart from the family car. Bobby will need to consider the ongoing arrangements for the children. If Bobby has health issues she might be able to submit a medical certificate and claim UC on sickness grounds, or she might be able to put in a claim for personal independence payment (PIP) if she has a long term disability. Bobby should try to agree the basis of the divorce with her husband to avoid delays and extra expense. Each is not entitled to exclude the other person from the property unless there is a court order. This means that the UC housing costs element is unlikely to cover her full rental liability. Further guidance for Citizens Advice advisers can be found here. All assets owned by either party will generally be considered matrimonial assets to which each party has a claim. Where are they going to live and what should the contact arrangements be? joint tenancy. This family law option doesn’t mean that Bobby isn’t still liable for the rent under the tenancy but it needs to be considered, and in practice might provide another way to ensure the rent is paid. There is also work allowance included in the UC calculation for claimants with dependent children. It may be possible to reach an agreement either directly between the parties or via mediation. Using family law Bobby might be able to apply for an occupation order under s.33 of the Family Law Act 1996. If Bobby owes no more than £5,000 in total and already has a county court judgment in her name she could apply for an AO. Radmacher (formerly Granatino) v Granatino  UKSC 42,  2 FLR 1900, occupation orders and non-molestation orders on Advisernet, there is further information on Advisernet about the options for periodic assured shorthold tenants, Joint tenancies and fixed terms: notice to quit, para 5 of Schedule 7 of Family Law Act 1996, para 4(1) of Schedule 1 of Children Act 1989. She also needs to read the term of the tenancy carefully to see if she needs to get her landlord’s consent to assign, and then consider approaching the landlord to get that consent. If Bobby is providing care for a disabled person she might be able to receive the carers element in UC. If not, she will have to wait until they have separated for 5 years before she can divorce. As she is continuing to be the main carer for the children the claim for child benefit can continue. There is a five week wait for a first UC payment, so she should also apply for an advance payment when she makes her claim. It is also possible to change from sole ownership to joint tenants or tenants in common, for example, if you want to add your partner as joint owner. This includes legal aid availability and occupation of the matrimonial home. If it were retained by the husband there would be an argument that Bobby should receive a lump sum payment in respect of her interest. Normally this outcome can only be achieved by: It’s also important to note that where the parties are married or are civil partners even steps are taken to get the tenancy placed into one sole name the spouse or partner who has left the property will still retain home rights (under s.30 Family Law Act 1996) which would allow them to return to occupy the former matrimonial home until the marriage or civil partnership has ended (unless the court orders otherwise).
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