Housing association when divorcing

Trakker

I’m currently going through a break up that will lead to a divorce we live in a housing association place ( I’m not on the tenancy) I’ve moved out what I’d like to know is do I have to keep paying bills if not living there. Before we got together she was in the same house and her rent / council tax we’re getting paid for her through benefits. Tenancy and house bills gas electric etc are in her name  

AskAsk

if you don't live there then you will not be responsible for utility bills, especially if her name is on the utility bills and not yours.
she is probably breaking the terms of her HA contract as you should not have been living there without being named on the conttract.  the contract would state who is allowed to live at the property and if you are not named on there, you shouldn't have been living there.

if she has been receiving benefits, she should also have declared that you live there to the benefits authority as you living at the property would affect her benefits.

TBagpuss

I the bills etc are in her name then you have no liability to the utility companies as you have no contract with them. 
With council tax you should let the council know if you have have moved out, as presumably your name is on the council tax bill. 
As you are married you will have rights to occupy the property but if you are happy to leave then then if the tenancy is in her name you don't need to make any changes there.

Any fincial settlement between you and your wife would be separate, and based on your over all financial positions and needs, but any form of spousal maintenance is rare nowadays. if you have children then child support will of course be payable - normally it is better from your perspective to pay the maintenance as maintenance, and for your wife to then use it towards the bills, rather than to pay the bills direct, especially if the CMS is involved,.

If the bills are currently paid from your account then you need to let her know that you will be cancelling the payments, and ideally do so with enough notice that she can sort out alternative payment before the bill is due (i.e. try to avoid canceling the day before the bill is due to go out, if you possibly can) 

HampshireH

AskAsk said:

if you don't live there then you will not be responsible for utility bills, especially if her name is on the utility bills and not yours.
she is probably breaking the terms of her HA contract as you should not have been living there without being named on the conttract.  the contract would state who is allowed to live at the property and if you are not named on there, you shouldn't have been living there.

if she has been receiving benefits, she should also have declared that you live there to the benefits authority as you living at the property would affect her benefits.

This isn't correct.

Only tenants are named on a tenancy and it isn't usually a requirement for a partner to be put on.

In fact many Associations only permit one change which this practice would cause huge problems. 

As long as the OP was an occupant and the HA knew that would have been fine. Just like any children they would just document it on th account.  Again many choose no to and occupancy is only identified when the HAs update their Info from a visit or call.

Either way the OP isn't responsibe for the bills in a property he has no rights over.

The ex can go back to claiming any eligible benefits and paying them herself.

AskAsk

HampshireH said:

AskAsk said:

if you don't live there then you will not be responsible for utility bills, especially if her name is on the utility bills and not yours.
she is probably breaking the terms of her HA contract as you should not have been living there without being named on the conttract.  the contract would state who is allowed to live at the property and if you are not named on there, you shouldn't have been living there.

if she has been receiving benefits, she should also have declared that you live there to the benefits authority as you living at the property would affect her benefits.

This isn't correct.

Only tenants are named on a tenancy and it isn't usually a requirement for a partner to be put on.

In fact many Associations only permit one change which this practice would cause huge problems. 

As long as the OP was an occupant and the HA knew that would have been fine. Just like any children they would just document it on th account.  Again many choose no to and occupancy is only identified when the HAs update their Info from a visit or call.

Either way the OP isn't responsibe for the bills in a property he has no rights over.

The ex can go back to claiming any eligible benefits and paying them herself.

named on the tenancy does not necessarily mean you have rights to tenancy, it only means that you have informed the landlord and they have agreed to your occupancy and have added you to the tenancy as an occupant. when we lived at home, which was a housing association property, we were all named on our parents contract as children, who would be occupant of the property.