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Anyone divorce while living in housing ass or council house

(5 Posts)
Missvirtuenot Thu 09-Mar-17 10:25:10

Just wondering what happens if your both on the tenancy in housing ass or council house what the process if you want to divorce . We have one child and I work part time . But where I live is so expensive and I can't just move out and rent privately . I'm looking to do more hours . I had problems with him getting loans out in his name and not telling me or discussing it . I only found out due to me snooping. Any advice would be grateful

OP’s posts: |
Nikitasol Sun 12-Mar-17 14:39:10

We live in a housing association place and are separating. It was originally in my name although I foolishly added him to the tenancy which has become a source of worry. I was worrying that he could turf me out if he was going to be unreasonable. However on the advice if the Gingerbread advice line I called Shelter who said if one of you is going to remain in the property and you're both on the tenancy, then you need to call the housing association and ask them to arrange a deed of assignment. If it's all straightforward I.e. your ex is happy for you to stay and take over tenancy, that's a simple process. Just need to both go to offices and sign new tenancy and both sign Deed of assignment..if it's not straightforward - if they don't want to have leave, then It's more complicated and you'll need to pay for legal advice. And there's no legal aid available to help with that.

MrsBertBibby Sun 12-Mar-17 20:22:29

First of all, you need to get divorce under way as the court can't make a ruling until decree nisi (unless you're seeking an occupation order, which usually requires domestic abuse)

You can either apply in Form A for full financial remedies on divorce ( this lets you claim pension share etc) or you can apply under schedule 7 of the Family Law Act. It's more straightforward but leaves pensions maintenance savings etc unresolved.

D50B is the FLA form.

If you have a child and are the main carer you are likely to get the tenancy transferred to you.

38cody Sat 18-Mar-17 09:44:38

Yes I'm in HA property - haven't told him yet but can't cope much linger with the controlling behaviour EA. He's also drinking almost every night now. I have a lovely HA property and I want him to go. I would keep the 4 kids here but how can I force him to leave if he refuses?
Once I tell him I want a divorce the drinking and verbal abuse will get worse - I was thinking if a spy camera as evidence that he is verbally abusive in front of the children.
I don't work - he earns very good money but most of it I'd cash - on paper he earns peanuts, I don't know how I'll cope financially but I can't have him around my kids any more. I find him vile and I have to get him out but I know he will be nasty and will happily leave me penniless whilst buying the kids fancy things to buy their affection.
When I hear his key in the door my heart sinks. I just want him gone and a fair settlement but he can afford fancy solicitors, I can't.
I just wish he would meet another woman and leave but he's too comfortable to bother I think.
Oh God, where to start?

38cody Sat 18-Mar-17 09:45:45

Oops - most of it IS cash, not I'd cash

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