While trying to sell jointly owned matrimonial home, as per Consent Order, vindictive ex-wife has taken me off the council tax roles without my my knowledge or agreement. This could raise serious government capital gains for me if she uses this against me with inland revenue.
Can one joint owner change a joint account without the other’s knowledge?
The Wiltshire Council is reluctant to reverse their decision.
If you no longer live there, then your ex spouse is obliged to inform the local council of the change in circumstances. She doesn't need your consent or involvement to inform the council of the change in circumstances.
The term vacate has two common usages in the law. With respect to real property, to vacate thepremises means to give up possession of the property and leave the area totally devoid of contents. Tovacate a court order or judgment means to cancel it or render it null and void.
Reason I’m worried: tax implications.
Never did I intend to, or actually did, move out of my matrimonial home. Most of my clothes, all of many family heirlooms, two motor vehicles, my doctor’s surgery, all my bank statements, credit card bills, other bills, etc., go to my matrimonial home. My cars are serviced and MOT’d locally, etc.
My ex and I have been working under a court issued Consent Order made in 2015 in which we agreed to put our jointly owned matrimonial home on the market for sale by September of that year (2015). The reality is my ex doesn’t really want to sell and has been spinning us about since that time, doing dirty little tricks to prevent its sale.
In 2017, my ex, went to the local counsel to have me removed from the tax roles, retroactive back to 2015, without my knowledge or agreement. She used a phony affidavit to tell the council I had left..
This of course is not true in terms of vacating the property. In any event, I know many happily married people often spend long periods of time away from their matrimonial homes. In my case, because of the divorce situation, I have been spending more time at our jointly owned flat in London, being fully aware of tax consequences upon the sale if I had permanently moved out. She presented a phony affidavit to the council which they accepted, struck me off the roles, and never bothered to notify me of this event. I discovered this event only last year in 2019.
I am at the second and final level of complaint with the council, but I’m afraid they will decide that they followed their proper procedures, thus protecting their own.
Not sure what I should do next to solve this problem.