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Am I about to be made homeless?

(3 Posts)
littlepiglet Sun 21-Aug-11 11:12:32

I think that DH and I, are about to split imminently (won't go into details here, but may post of families & relationships at some point).

I don't know how this works (and feel such a fool). When we met I had my own house (council - now HA), and had done for 18 years, since my son was a year old.

After marriage I gave up my house, and moved in with my DH (he has a HA house, that he lived in with his first wife & their (now grown) son.

After his first marriage ended, my DH got his first wife taken off the tenancy agreement (it was joint), now I'm not sure if he then had a new tenancy, or if the old one was just amended.

We have a DD of 13 months, and I'm pregnant with our second.

I'm very worried about the implications of this. I've left everything to be with him (gave away all my furniture, possessions, other things that you gather over 18yrs), and have bought some furniture for DH's house (I also bought him a car, but I don't drive).

Anyway, I'm guessing that I have no rights - I know in Scotland I'd have 'spousal rights', but I'm in England, and I'm guessing that the tenancy is his, and I'm the one who'll have to leave?

I did post this on another forum, but got no real advice, apart from the fact that as DD's nursery is here, then DH would be in a good position to argue residency for her, as she has a stable home here, etc, etc... this makes me sick with panic and fear, I really don't want to have given up my own home, and now leave my own baby, just because I was stupid enough to believe in marriage...

If it makes any difference I bought all DD's furniture, her cot, bedding, all her clothes, and am her primary carer, but worry that as DH can make me homeless, he can keep her too.

I'm so lost

STIDW Sun 21-Aug-11 12:26:29

A solicitor can tell you where you stand and what options there are so you start from an informed position even if you then negotiate directly between yourselves, or with the help of a mediator.

The usual legal advice is to remain in the former matrimonial home (as long as it is safe to do so) until arrangements for children and finances are settled.
My understanding is that in England & Wales a tenancy can be transferred as part of divorce proceedings.

Collaborate Sun 21-Aug-11 16:54:49

While you're still married you have the right to live there. The court can transfer the tenancy into your sole name.

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