relationship breakdown I am in a muddle

[mimi57]

Please help my relationship with my husband of 9 years is on the rocks since November 2015 .We are now separating officially but I do not know where to start .I moved in with him in 2005 got married in 2007 we live in rented social housing with his two children from a previous relationship and we have 3 kids together.He does not want to move out as he says he was there before I joined and he wants to buy the house for his kids.He does not really take care of the kids we have together apart from picking them up from school financially he does nothing for them what so ever not even their homework.Well now me and the kids have no where to go and the council will not help as we were married it is really beginning too affect my health living in such close proximity with my ex as it is only a two bedroom flat.What do I do where do I turn to .?The council says that I should get a solicitor .Will that not be expensive all my wages go towards the upkeep of my kids.If my ex was to be evicted his kids will make my life a living hell as they say that the flat is theirs 23 years and 17 years old .I will really appreciate some advice.

[TheseLittleEarthquakes]

Seven of you in a two bedroom flat? Gosh.

The council will help, you being married is nothing to do with it.

[PatriciaHolm]

You must count as being insanely overcrowded, surely?

[MrsBertBibby]

Is the tenancy in your joint names, or his sole name?

[mimi57]

Tenancy is in both our names.Just scared to remain in the flat if the council tells him to leave as his children can be violent.

[Dizzydodo]

Even if your ex and his kids move out won't you still be overcrowded with 3 of your kids in a 2 bed flat?

[MrsBertBibby]

Why have you never applied for rehousing to a larger property?

If you want to separate and sort out housing first you must commence divorce proceedings. The council will not help either of you whilst you remain married as you both have a roof you are entitled to be under.

The Court can deal with the tenancy either through a financial order in the divorce proceedings ( a property adjustment order) or through an application under schedule 7 of the Family Law Act 1996. Neither order can be made until you have a decree nisi of divorce.

I would expect you would get the house as you have 3 small kids to house whilst he has 2 adults, so yours get priority. But it's up to the judge.

If he or his older kids get violent you can get legal aid to get a non molestation order and an occupation forcing them out immediately.

First step, get the divorce moving. You may get a reduced court fee if you are on a low income.