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How do I get out?

(2 Posts)
DrPooh Sun 13-Sep-09 13:13:18

I want to leave my DP. The council waiting list is a waste of time (we're talking years, even if you're in priority) and I'm not currently working (not through choice) so can't even rent privately.

I have no family or friends to go to and even if I could find a house that took on DSS, nearly all of them need a guarantor which I can't get.

Am I missing something? How can I get out?

smileydee Sun 13-Sep-09 13:18:52

Erm, you don't get out, he does.

If there's been any violence, you can probably get an occupation order (injunction) against him.

If no violence, then, depending on whether you own the house or rent it, you can apply to the court to have it transferred to you.

If you're in privately rented accomodation now, see whether the landlord will agree to change the tenancy into your sole name once the current term expires. To do so you need to be sure you can get all the benefits you're entitled to, including housing benefits.

If you're in a housing assoc house, you need to apply to the court for a transfer of tenancy, unless the HA will agree to transfer. (they prob. won't).

If the house is jointly owned you apply to the court under Schedule 1 of the Children Act for a transfer on the basis that once your youngest is 18, the house is sold and the proceeds divvied up.

You need to see a family law solicitor and CAB pronto.

good luck.

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