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am I council tax exempt if I haven't lived in my TIC home for more than 7 years

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my ex wife and I own a property tenancy in common. My ex wife has now passed away and the council are asking about other property owners. We were divorced 10 years ago, she continued to live in the house until her passing this year. I have not lived in the house for over 12 years. I have been told, that if I haven't lived in the property for more than 7 years, then I am not liable for the council tax - is this correct ?

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  • gbhxu
    gbhxu Posts: 431 Forumite
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    Think you might find that you are still liable for council tax as a joint owner

    Take a look here

    https://forums.moneysavingexpert.com/discussion/360031/council-tax-joint-tenants-in-common
  • marcia_
    marcia_ Posts: 3,446 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 14 May 2024 at 3:34PM
    Radamat said:
    my ex wife and I own a property tenancy in common. My ex wife has now passed away and the council are asking about other property owners. We were divorced 10 years ago, she continued to live in the house until her passing this year. I have not lived in the house for over 12 years. I have been told, that if I haven't lived in the property for more than 7 years, then I am not liable for the council tax - is this correct ?
     If you own the property and nobody else is resident in it you are liable for paying the council tax.
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 14 May 2024 at 3:48PM
    As TIC you each own a share. You don't say who your wife left her share too.  But as you are named on the deeds.  You and her estate will need to pay for the council tax. Until the house is sorted out. Think you might be getting confused with gifting and inheritance tax as that is 7 years.  if the property is sold, due to house prices going up you might find that you have some capital gains to pay.  As it was not your primary residence for 12 years

    Hope for everything and expect nothing!!!

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  • Keep_pedalling
    Keep_pedalling Posts: 20,943 Forumite
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    edited 14 May 2024 at 5:22PM
    When the sole occupant of a home dies then it should be covered by a Class F exemption regardless of who owns the house and whoever is administrating the estate needs to apply for it.

    https://www.royalgreenwich.gov.uk/info/200257/council_tax_exemptions/382/exemption_class_f_-_dwellings_left_empty_by_a_deceased_person
  • peteuk
    peteuk Posts: 1,999 Forumite
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    Another example in my situation. 

    My father passed June 23, we are selling the house.  It is exempt CT for the year, however if not sold in the year then both last years (Jun-Mar) and then whatever of this years (Apr till sold) become due. 

    House has been empty since he passed.  Finally getting it sold.   So I would say yes you are liable or at least her estate is liable (in our case the three siblings would look at paying it). Not sure if the years exemption would carry as your part owner, but as the hose went through probable the three of us are now part owners. 
    Proud to have dealt with our debts
    Starting debt 2005 £65.7K.
    Current debt ZERO.
    DEBT FREE
  • Keep_pedalling
    Keep_pedalling Posts: 20,943 Forumite
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    peteuk said:
    Another example in my situation. 

    My father passed June 23, we are selling the house.  It is exempt CT for the year, however if not sold in the year then both last years (Jun-Mar) and then whatever of this years (Apr till sold) become due. 

    House has been empty since he passed.  Finally getting it sold.   So I would say yes you are liable or at least her estate is liable (in our case the three siblings would look at paying it). Not sure if the years exemption would carry as your part owner, but as the hose went through probable the three of us are now part owners. 
    That sounds wrong, the exemption should apply for 6 months after obtaining probate, there is no way you have to pay back-dated CT if you fail to sell within those 6 months.
  • peteuk
    peteuk Posts: 1,999 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    peteuk said:
    Another example in my situation. 

    My father passed June 23, we are selling the house.  It is exempt CT for the year, however if not sold in the year then both last years (Jun-Mar) and then whatever of this years (Apr till sold) become due. 

    House has been empty since he passed.  Finally getting it sold.   So I would say yes you are liable or at least her estate is liable (in our case the three siblings would look at paying it). Not sure if the years exemption would carry as your part owner, but as the hose went through probable the three of us are now part owners. 
    That sounds wrong, the exemption should apply for 6 months after obtaining probate, there is no way you have to pay back-dated CT if you fail to sell within those 6 months.
    Will pass that onto my Sister who’s got control of the finances (and had Power of attorney when Dad was alive)  
    Proud to have dealt with our debts
    Starting debt 2005 £65.7K.
    Current debt ZERO.
    DEBT FREE
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