'property adjustment' or 'transfer of property'

janett_2

Hi All,

Very new to this but am hoping that someone can help (!). My mum divorced about a year ago, lives in a council flat which is in a joint tenancy with my dad. She needs to change the joint tenancy into a sole tenancy. This 'asset' was missed by the solicitors advising on the divorce and therefore not included in the proceedings.

All is amicable but I have no idea what form we need to fill out at the court to get things going to change the tenancy. The council has said that assignment and surrender are out of the equation as mum can get a 'property transfer order' via the court, under marital laws.

I can 'do' forms, and this seems like a relatively straight forward thing to sort out at the county court if only someone in the offices at the council and court could tell me which forms i need. Ahh

Anyon eout there experienced this problem and can help?

Many thanks in advance!

j

Savvy_Sue

I am confused as to why this needs court intervention if Dad is willing to come off the tenancy?

janett_2

Yes, it seems a bit if a long winded way to do things but the council is saying that they require a court order via the matrimonial act so that dad is officially allowing mum to have sole tenancy... So a property transfer order is required. Otherwise my parents have to give notice to quit the property and mum ends up back in a que for rehousing from what I could make out.

Thanks for your reply

getmore4less

Does having him on the tenancy cause any issues for either of them?

I guess the council like two people it gives them 2 people to go after for payments.

janett_2

Well the council wants to knock down huge block but betwee now and that happening they want to rehouse everyone. The idea being that people can bid on other council properties in the mean time to move quicker. They have suspended mum from using this system until the tenancy is sorted. Otherwise we wouldn't be fussed, and I would rather help mum before they just ditch her somewhere inappropriate right at have very end of the process. A bit long and the council, as quite often is the case is giving her conflicting info which is why I have stepped in to help.

Savvy_Sue

I think I've worked out why this is needed, not that it helps much given the update ...

IF they were still married, then your Dad could assign the tenancy to Mum in just her name. But as they are divorced, he can't because he's not married to her any more, and you can't 'give' your tenancy to just anyone.

As for how to fix it: have you been back to the solicitor who 'missed' this in the first place? Because if that's something they should reasonably have been expected to sort at the time, it would be reasonable for them to sort it now!