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

NewYorkDeli

Hi,

I posted this under the benefits/tax credits section, but was told I may get more advice here.

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.

Guest101

From what you've described, no there's nothing wrong with that. You're moving home, that will be your sole residence so that is where you apply.

It may be convenient, but its abit different from renting a place whilst maintaining your own home.

You're still entitled to everything you're claiming now. (unless you get HB, which may stop - may is the operative word, your ex does not live there and there is no relationship, nor has there been for a number of years.

Certainly CTC and WTC are not affected by change of address like this.

Would you pay him rent?

Ex should come off the CT bill as he isnt living there, its the occupiers who are named, not the oweners.

I would say if you have been completely open with your circumstances, then you are operating well with in the law.

neverdespairgirl

Guest101 wrote: »

You're still entitled to everything you're claiming now. (unless you get HB, which may stop - may is the operative word, your ex does not live there and there is no relationship, nor has there been for a number of years.

OP will need to check, but I thought that if ex is father of the child, HB is an absolutely no-no.

shop-to-drop

Would it be a bad idea for the OP to change the main carer to her Ex since it doesn't seem that would affect the child as they see her 50/50 anyway?

NewYorkDeli

Thank you so much for your replies. No, I don't claim HB (I live with my family), nor will I be when I move into his property, although it's something i'll have to look into when I move into my apartment next May.

I won't be paying rent as such, just paying ex what I currently pay my Mum in keep.

I'm just worried that HMRC will think we've reconciled and I haven't told them. How can I prove he's moved out, if they do indeed ask me why i'm living at ex's address? Ex claims no benefits at all, don't know if that's relevent. Bare in mind, this is all temporary until I move to my new property in May, and ex will move back to the house. If anything went wrong with my new apartment I would just move back to my family at that point until I found something else, although i'm shuddering at the thought of that as I type, 2 years is enough!!

Guest101

neverdespairgirl wrote: »

OP will need to check, but I thought that if ex is father of the child, HB is an absolutely no-no.

Normally yes, but i need to read up on it, since he isnt living there.

I would say 80% i think it would stop, but i have that niggling feeling that i read something once...

NewYorkDeli

shop-to-drop wrote: »

Would it be a bad idea for the OP to change the main carer to her Ex since it doesn't seem that would affect the child as they see her 50/50 anyway?

That would mean ex would be the one in reciept of the CB, CTC etc.. and I would struggle greatly without those! Plus I just don't think I could hand parental responsibilty over to him, it doesn't seem natural?

peachyprice

shop-to-drop wrote: »

Would it be a bad idea for the OP to change the main carer to her Ex since it doesn't seem that would affect the child as they see her 50/50 anyway?

That's actually probably the easiest way, change the child benefit and tax credits to his name, then him pay them straight back to her, as long as it won't mean losing out on anything.

I have 50/50 shared care of my boys and did this when he was on the council waiting list in the suggestion of the housing office.

It can always be changed back easily enough when OP moves next May.

Guest101

NewYorkDeli wrote: »

Thank you so much for your replies. No, I don't claim HB (I live with my family), nor will I be when I move into his property, although it's something i'll have to look into when I move into my apartment next May.

I won't be paying rent as such, just paying ex what I currently pay my Mum in keep.

I'm just worried that HMRC will think we've reconciled and I haven't told them. How can I prove he's moved out, if they do indeed ask me why i'm living at ex's address? Ex claims no benefits at all, don't know if that's relevent. Bare in mind, this is all temporary until I move to my new property in May, and ex will move back to the house. If anything went wrong with my new apartment I would just move back to my family at that point until I found something else, although i'm shuddering at the thought of that as I type, 2 years is enough!!

If they ask, you could show them his new address etc.

But you aren't claiming on his behalf, and HMRC are woeful at checkign their records.

peachyprice

NewYorkDeli wrote: »

That would mean ex would be the one in reciept of the CB, CTC etc.. and I would struggle greatly without those! Plus I just don't think I could hand parental responsibilty over to him, it doesn't seem natural?

Then he pays it straight back to you on the same day he recieves it. As long as his entitlement is the same as yours it makes no difference, as long as you trust him to pay it to you.

Guest101

NewYorkDeli wrote: »

That would mean ex would be the one in reciept of the CB, CTC etc.. and I would struggle greatly without those! Plus I just don't think I could hand parental responsibilty over to him, it doesn't seem natural?

When was the child born? And was he named on the birth certificate?

I would wager a guess that he already has PR tbh