Joint tenancy - Divorce - Entitlement

[Peachie1]

Hi Folks,

I was hoping to get your opinions on a matter close to my families heart. I would like to find out what is legally expected from a situation.

In our family there is a couple who have been married for 4 years. They live in rented accommodation and they both had their names on the tenancy. Now one half of the couple has been a bit promiscuous and now they are divorcing. One of the people involved moved out of the house and back in with their parents. The other person stayed in the rented house with their child for nearly 3 months, until they were able to sort out another place to live which was smaller and more affordable.

Now the information I'm looking for relates to this. Is the person that moved out legally responsible for paying the whole rent on a property in which they moved out of. This person has agreed to pay maintenance for their child of £150.0 per month but has said that they are not paying for the rent or bills because they no longer lived there and will have their own bills to now pay elsewhere.

Another member of the family has said that this person legally has to pay and that they are going to invoice them. Is there any legal standing for this. Personally I don't see why they should have to pay for something that they haven't used (IE the house for nearly three months). The whole situation is creating quite a divide in the family.

Thank you for you time and expertise in advance.

Peachie1

[Amethyst]

Re: Joint tenancy - Divorce - Entitlement

Think we'll need a bit more info. Has the tenancy ended ? ie. is the dispute over the 3 months the person with the child remained in the rented property ? or is the tenancy ongoing ?

As a joint tenancy they will be jointly and severably liable - so they are both liable for the entire rent.

The bills - were they in joint names ?

The person with the child will be in a stronger position during the divorce, depending on each of their circumstances during the marriage ( financial contribution etc) and now.

And on this

Personally I don't see why they should have to pay for something that they haven't used (IE the house for nearly three months).

The house, and the 'other person' has provided a home for the child.

The person who moved out to live with their parents - did they have to pay rent to their parents ? What did they expect to happen with the rent and bills after they left ? Were they paying them before ?

( Personally I'd be offering half before it all goes pear shaped and contact is used as a weapon for financials and solicitors costs make the argument over 3 months rent seem like peanuts )

[Peachie1]

Re: Joint tenancy - Divorce - Entitlement

Hi, thanks for replying. They tenancy has ended now as they served notice. The person living in the property paid the full rent and bills in question. Its family members that are now trying to get the other party to pay back a chunk of the money for that period of time.

I say personally I don't see why the other person should have to pay up because I'm aware of the personal circumstances. The party with the child remaining in the house at the time was the party that was a little rambunctious with someone else outside of their marriage vows and can seemingly do no wrong, despite their actions. I know probably best to ignore the emotion and stick to the facts in hand.

The party that had to move in with their parents have to currently pay rent and utilities to their parents (and they are charging their child around £700 per month for the privilege of being back home). They have a view that their child doesn't get a free ride in life. I believe the utilities were paid 50/50 and in joint names also. In all honestly I don't think the person that left really thought about the costs still attached to the house as the situation wasn't of their making at the time.

The person that moved out has provided for their child during this time at no point have they said they won't. I completely agree if it's already been paid i can't see what the fuss is about trying to get back half the rent. It's petty to be honest. I was just trying to establish if there is a legal ground to do so. A family member has said they spoke to a solicitor but i can't see a professional worrying about such a small amount, it's ridiculous.

So far contact has been amicable and arranged every other weekend, but that's a different tale...

[FionaC]

Re: Joint tenancy - Divorce - Entitlement

Hi Peachie 1,

This is a situation many separating couples find themselves in. There are two sets of financial obligations here those under the terms of the tenancy and those arising from matrimonial law.

The tenancy agreement will dictate who has the legal obligation to pay the rent. It might be that the parties are what is called jointly and severally liable. This means the landlord could sue either of them or both for the rent.

The idea that one party didn't use the property is really neither here nor there.

It is important to consider future credit ratings especially if either of the tenants want to be able to rent again. If there are difficulties paying the sums due then try to negotiate with the landlord.

Once the issue of the rent is sorted out in a matrimonial situation there is also the possibility of spousal maintenance as well as child maintenance. If for example a wife was in rented accommodation and was caring for the parties child she might need to claim some money to top up her salary and child maintenance, this would be a spousal maintenance claim.

These situations are tricky and if the couple can talk to each other even just a little bit mediation might help them resolve all issues.

I hope this helps.

kind regards

Fiona

[Amethyst]

Re: Joint tenancy - Divorce - Entitlement

Thanks Fiona.

"rambunctious " is a great word

[Peachie1]

Re: Joint tenancy - Divorce - Entitlement

Thanks every one, really appreciate your insights. If one party paid the full amount of the rent to the landlord and then moved on with their life. Can a solicitor make the other party give back half of the cost? If another family member was to send an invoice to the person for say £500 there is no legal standing for them to pay it is there?

[MENTION=85489]FionaC[/MENTION]

[FionaC]

Re: Joint tenancy - Divorce - Entitlement

Hi Peachie 1,


Usually the contract just really explains how the landlord will get paid and who they can sue. The contract can also - but might not- say what the tenants will do between them if one of them doesn't pay.

Certainly a solicitor can't make the other party pay and an invoice can be ignored. It is back to the documents I'm afraid. If there is an indemnity in the contract between the two tenants then this could be used to sue the other party. This is the kind of area the CAB are very good at if you make an appointment and take the documents along.

Kind regards,

FionaC