If me and dh divorce can I stay in a rental while he pays for it?!

[bambinohippo]

We are currently jointly paying the rent. I
dh can pay the current rent and live elsewhere. Is this possible? Do I even have to let the letting agency know he's moved out?!

Why would he possibly agree to do that?

Could you rephrase that as the typos make it hard to understand? I’m not sure if you’re trying to make your dh pay the rent without his agreement, whether you are just asking if you are allowed to stay in the property if he leaves, or something else entirely.

Who’s down as the main tenant? The agency need to know if the main tenant leaves.

It's a joint tenancy afaik? I believe we're supposed to pay equal rent but since we signed the agreement our salaries have changed that I'm a much lower earner since having dc.

He has offered to continue to pay the rent for the next few years as rents have shot up so much since we have lived here. I cannot afford to stay where the dc school is. I'd have to move quite far away to afford anything.

Probably if it's a joint tenancy. But he could stop paying at any time. I would be inclined not to tell the agency. But then you would be entitled to single person discout on your Council tax. So maybe they would find out but as long as the rent gets paid I dont think it would matter.

If he agrees for now don't report changes but when you renew your lease you will need to tell them. Be aware he may change his mind so come up with a plan b

I didn't tell the agency when DP (lead tenant only because he was the man) moved out. I just took on the rent. Cant imagine he's obliged to pay it or that you can rely upon a verbal agreement

Why should he?

Can he afford to pay for somewhere else for him to live?

I wouldn’t rely on him doing as he says. Once you’ve split, the gloves are off.

So he would have to pay 2 lots of rentals?

So you're expecting him to pay to lots of rent plus pay CMS?

So he will pay his own rent and yours? Really?

Can he even afford your rent, on top of his own rent / mortgage? Why should he pay for your rent, I assume you're still earning?

So you've both agreed to split and are working out the logistics? Even if he says he will, how do you know he actually will? And what's to stop him getting annoyed with you over any perceived minor slight and refusing to pay? Of course in an ideal world he'd keep his end of the bargain but then again in an ideal world the issues which have caused you to consider divorce wouldn't have happened.

Above all else you need a long term plan wrt the kids, how/if you can work and the best division of labour/money regarding your soon to be ex husband.

@gencritdd no he wants 50:50 so no maintenance. His mother has a flat he can live in rent free but is not very close. I be will continue to contribute towards rent but can't afford 50%. The agreement would be until all dc in senior school and then I can move elsewhere and they can get a bus from a cheaper area, so 4 years.
Yes we want to split it is amicable. We have no assets.

Are you claiming child benefit? If not do that tomorrow
Have you checked to see if you are entitled to any UC support?
If he pays the rent it will be seen as income. Nor will you be seen as financially separate. However Child maintenance is not viewed as income. Important distinction.

Yes you can. When is the tenancy renewal? You may have to tell the landlord to make a rental agreement in your name only or simply amend it As council tax needs to be updated too.

Thanks @PicaK he won't pay cms.
He wants to go 50:50 or have the dc more and me have them the minority of the time.

I can't afford to live on my salary immediately anywhere. I work pt and have been applying but failing to get ft work. I don't claim dc benefit because dh earns too much. How can I find what I get on UC?

You can Claim benefits but not payout as husband is a high earner.