council tenancy and divorce

[usedtobe]

can anyone help me i need advice!
im seriously considering splitting from my husband but im afraid things could turn nasty

we live in council flat, both on tennancy-
if we split what are the chances i will have to move out?
i have no family and couldnt afford private ret we have young son so i need 2 bed property
oh and we both work

can anyone help?

[BaggyAgy]

Hi,

A court is most likely to award the council tenancy to the primary carer of the child - the parent with whom the child will live. If you are the main carer of the child it would be most unwise IMO to agree to a joint residence order ( previously a joint custody order). If both parents have residence as they do in joint residence orders, both parents have an equal need to provide a home for the child. The court's main concern is to provide a home for the child of the family and is therefore, most likely to award the tenancy to the primary/main carer, usually the mother.

It would be most unwise IMO for you to move out. If you are both in the house, the court will have to order one of you to leave, and will award the tenancy to the parent who is to remain in the home. If you have re housed yourself elsewhere, it is less attractive to a court to order the H out and make him homeless. If you are suffering domestic violence, the get him out immediately.

It is worth remembering that a council tenancy is a valuable asset. It houses you, and it confers on you a Right to Buy discount. Very rarely courts may require the spouse who remains in the house to compensate the spouse who loses the tenancy. Usually they don't. Only if your H were to be awarded the tenancy, should you mention compensation for the loss of this right.

If your H works, he can rehouse himself. Stay put, keep repeating that you need the house for you and your child, and that you cannot afford to rehouse elsewhere.

Change is considered bad for children. If you move your child will lose friends, may have to change schools etc. Remind everyone that having his parents divorce is enough change for your child, and that to lose his home would add to that detriment.

Good Luck

[ModreB]

If you are joint tenants and are suffering Domestic Abuse, this does not have to mean violence, but verbal, mental or financial abuse, you can in theory end your tenancy, which will also end his half of the tenancy, and with the agreement of your Housing Officer, who could then, in theory, award you the sole tenancy of the property. If you are the sole tenant, he has no right to be at the property if you so choose.

The best thing for you to do is go and see your Housing Officer, tell them about the whole situation and see what they advise.

Also speak to Shelter or the CAB.

And look at the terms and conditions of your tenancy agreement, that should tell you a little bit about what happens if one of you leaves or ends the tenancy.

[taintedpaint]

DO NOT DISOLVE THE TENANCY. I can not stress this any more seriously if I tried. My aunt went through this exact situation and was advised by her solicitor that if she gave up the tenancy she would be making herself intentionally homeless and the council would have no obligation to rehouse her. Ideally, you would get your DH's agreement to not disolve the tenancy either, but sometimes, éspecially if he doesn't have a solicitor to advise him, it may be better to not give him this little nugget of information in case he tries to make things difficult for you.

The tenancy can be divided in court and presuming you are going to have primary custody of your DS then it is overwhelmingly likely that you will be awarded sole tenancy of the place you are in and you DH will be considered as unintentionally homeless (as it was decreed by the court) and he will be housed seperately in another council property. He will also likely be given a timescale (my uncle was given 28 days) to move out so the council will have to find him a property inside that period. The only downside to you getting the property you are in at the moment is that you will inherit any rent arrears that there are (obviously if there aren't any, this will not be a concern). But rent arrears will not prevent a court from dividing the tenancy.

HTH :).

[familylawyer]

Hi

You need visit a solicitor ASAP. The above poster is correct about the impact of surrendering the tenancy so you need to be extremely careful about what you do. You also need to prevent your husband from surrendering the tenancy without your consent (which he can do). A solicitor will be able to help you with this. If you go to www.resolution.org.uk, you will find a list of family solicitors in your area who should be able to assist. You may also be eligible for legal aid if you cannot afford to pay the fees.

Best of luck.