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left partner, what now? long post...

(3 Posts)
glub Wed 17-Aug-11 15:49:07

not sure if this is legal but advice appreciated. have seen someone for free legal advice through the domestic violence people at the council who i was referred to. Have emailed her last night but as yet she's not replied...

things in our relationship were going downhill for a while. three incidents of violence against me in the last few days and i decided to leave him. it's over. the violence was nothing major really. he didn't leave me with anything more than a bit of a funny feeling in my throat. but it was the second time he'd been violent towards me. the first time it was worse but it was not supposed to happen a second time. leaves me shaking and emotional obviously. i am currently staying at parents' house as they are away.

we are joint tenants on a 12 month tenancy. he works, i stayed at home with the children (we have two).

been to seek advice but the chat centred on the fact that he made us leave while he was adamant he was going to stay in the house as he paid the bills. so the person i saw was going to write a letter to him to persuade him to leave the house. think she might have been a solicitor.

he changed his mind later to say that we could stay in the house but that he was going to try to terminate the tenancy as of the end of september giving us one month in which to find alternative accommodation before being potentially homeless again.

in our area there is a significant shortage of social housing. besides i'm scared of dogs (no idea how i'd survive on a council estate!), so it'd be a case of trying to find landlords accepting housing benefit. needles in haystacks... and then when you do find a landlord you have to try to find a property that isn't damp/unsafe etc...

our eldest is due to start nursery for the first time sad she's really been looking forward to it.

the house is full of my furniture.

what do i do? how do i get myself independent from him without moving to some hostel miles away/sleeping on the floor at my parents' house, delaying sending my daughter to nursery, and shelling out to put my furniture into storage?

the solicitor (if that's what she was) suggested that i could get housing benefit to stay in the property even though it has one more bedroom that we're entitled to, because the council might be able to top it up with discretionary payments until we find ourselves somewhere else to live.
but how can i get housing benefit if he is going about terminating our contract and paying the rent for another month? and what about other benefits?

i suppose i should have a chat with my landlord too but i wouldn't know what to say. really don't want to cause problems for her or have some indecisive rambling phone call.

Collaborate Wed 17-Aug-11 16:26:14

See a different solicitor. You can apply for an occupation order, which would exclude him from the property. As you're not married all you can ask for is child maintenance and you'll have to go through the CSA for this. Bet hey, at least you're no longer with him, and that's the main thing.

glub Wed 17-Aug-11 21:28:20

ok, thanks i'll try and get other advice.

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