Moving into ex's property, he is moving out. Is this legal?

NewYorkDeli

Hi,

backstory - ex and I split in 2011, we have a daughter. Very amicable, neither of us are in a relationship with anyone else yet, but could never get back together (as much as I might want to, he does not)

When we separated, I left the flat he owned and moved in with family (couldn't really afford my own place at that point) He stayed at the flat. In December 2012, he started renting the flat out to his cousin and moved into a house, set up a play room and bedroom for our Daughter and we began sharing custody 50/50.

We have to apply for school this Autumn for our Daughter, and we both want her to go to school where he lives. There are 2 reasons for this, firstly it's a nice area and all the schools are performing very well, secondly I am moving to the same area in May 2014 to a lovely 2 bedroom, affordable apartment that is perfect for me and my Daughter (The tenant currently in said flat is leaving the country when his tenancy is up, I know the landlady and it has been arranged that I can begin renting it straight away)

The problem is, because I live in a different area at the moment with family, I will have to apply to schools that are local to my current address. They won't take into account the fact that i'll be moving area in May. It has to be where I am living in January 2014, as they check council tax records and child benefit address.

Ex can't apply for the school place without me as he is not "main carer" even though she spends half the week with him. My apartment I am moving to is not mine until May 2014 so can't use that address.

Ex has said I can move to his home with our Daughter, from around December to May 2014 when my flat is ready. Therefore I can apply for the local school. Problem is he will have to move out, so he has spoken to his cousin (who's renting the flat he owns) and his cousin has said he can move in with him no problem. His cousin is a marine and is not there much anyway.

Obviously I'd make council tax aware of my temporary change of address, as well as child benefit and tax credits, car insurance etc.. but is this legal? Would ex need to come off the council tax bill? He'll inform HMRC of his change of address, but bills would all still be in his name as it's a temporary move. I claim CTC as a single parent, and am also eligible for a little bit of WTC, will I not be allowed to continue with this claim as i'm living in ex's property temporarily, even though he will not be there?

Scared of doing something wrong and getting into trouble. Any help appreciated.

sammyjammy

I can't help other than from what you have writen I don't see why your ex can't apply for the school place instead of you then there would be no need for al lthese shanagans:D

I would say however I am not knowledgeable in this area and the people that are probably hangout on the Marriage and Families board s oyou might want to post it there as well (let them know it is cross posted) or get a board guide to move it for you.

NewYorkDeli

thank you for replying. it's causing me so much headache, it's ridiculous! but i've spoken with both the school & council and ex can't apply, as daughter's main carer is me, so it has to go off my address.

will re-post this on section you suggested too.

TeamLowe

They usually take whoever is receiving child benefit to be the 'main carer'

Easiest solution seems to be (considering things seems so amicable and if he's trustworthy) that child benefit be transferred into the father's name so that he can apply for the school in his area, then he pays you the equivalent amount back/take it off his maintenance payments.

Check with the Council though, ask them what evidence they'd need if you and your ex was to come to an agreement that he'd be the main carer for your daughter instead of you