Council tax liability after separation

Robert1962
Robert1962 Posts: 4 Newbie
Want to know if liable to pay Council Tax after separation/moving out.

Both children over 18, finished eductaion. One still at home.

I now live with new partner.

Separated this year informally and still paid half all bills (inc gas, water elec, council tax etc) after leaving, until recently, when changed to paying half of mortgage payments only.

Wife now states I am liable for half Council Tax as well, because I still jointly own the property.

Is this correct ?
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Comments

  • **Patty**
    **Patty** Posts: 1,385 Forumite
    Are you & your soon-to-be Ex wife both named on the council tax bill?

    If so...then the short answer is yes.

    I would suggest phoning the council & informing them you no longer reside there & all future bills should be in the appropriate names/ names. :)
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  • LEJC
    LEJC Posts: 9,618 Forumite
    I believe that there is a reduced council tax that can be claimed but only if there is one person living in the property..as there is your wife and the child over 18 then I would assume full council tax is due...
    Are you still registered at the property...if not then I should imagine you should pay council tax at the property at which you live now...so remove yourself from the marital home listing....however full council tax is still liable as your older child still lives there
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  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    you are not responsible for council tax after you move out

    inform your council of the date you moved out the property provide proof of new address and ask them to remove you from the council tax
    ask them to confirm in writing the the date your liability for your previous property ceased keep this letter very safe in case you need it
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • pinkshoes
    pinkshoes Posts: 20,509 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You were no longer responsible for the council tax the day you moved out.

    I presume you are now paying council tax elsewhere and on another bill? Just use this as your proof of moving address, then the council can't chase you for the money, as obviously you can't live in two places at once.
    Should've = Should HAVE (not 'of')
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  • As has been said, no liability if you no longer live there. Whoever is there now will be liable, no discounts if more than one person over 18. Ownership doesn't come into it. If there is any confusion, then definitely tell/show the council the bill for where you are now and that should clear it up.
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  • podperson
    podperson Posts: 3,125 Forumite
    Ninth Anniversary 1,000 Posts
    The people living in the property are liable for the council tax - for example, if someone rents a property then council tax should be paid by the tenants not the landlord. The only situation where you would still be jointly liable would be if the property was vacant as then responsibility would be solely with the owners. If the council tax is still jointly in your name then, as mentioned above, make sure you contact the council asap to have it taken off.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Separated this year informally and still paid half all bills (inc gas, water elec, council tax etc) after leaving, until recently, when changed to paying half of mortgage payments only.

    As the resident owner your wife is liable from the date you vacated (make sure the council are aware).

    The only way you will be liable for council tax going forward is if you a) move back to the property or b) your wife also vacates - you'd then be jointly liable until the property is re-occupied.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • RAS
    RAS Posts: 35,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CIS wrote: »
    As the resident owner your wife is liable from the date you vacated (make sure the council are aware).

    The over-18 year old resident in the house may also be jointly and severally liable?
    If you've have not made a mistake, you've made nothing
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    il are aware).
    The over-18 year old resident in the house may also be jointly and severally liable?

    Not unless they are also a joint owner.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    CIS wrote: »
    Not unless they are also a joint owner.
    This one could do with a link to the hierarchy of liability. Could you oblige?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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