AIBU wanting to end joint tenancy and make it solo?

[Jaym2017]

Husband moved out on Friday. We are joint tenants of a council property and have had joint tenancy for 19 years (2 councils as we did an exchange but just under 10 years here).

As I understand it, if he wanted to walk back in and force me out - he could. So as he left, I've asked for the tenancy to be changed to a solo tenancy. The council have asked for forwarding address and phone number for him as we'll both have to sign forms.

I asked him for his address for this purpose and he has requested I keep him as a joint tenant 'in case anything happens to you'... i.e. in case I die he'd be entitled to move back in with the girls. I didn't appreciate the picture he was painting to be fair, and said that the council would protect the girls if that happened and he'd be housed accordingly as their next of kin if he was unable to house them. He is living in a one room shared house property at the moment.

I went ahead and requested it. But now I'm wondering what happens if he refuses to sign?

Also AIBU? Or protecting the best interests of our 3 daughters and myself ?

Thanks for any advice / insight you can give.

ok i've done an online change of circumstances for child benefit as have no reference number for it - hoping that at least starts the ball rolling for changes.

I'll speak to tax credits tomorrow and let them know also.

Thanks for the support all - don't like doing any of this but need to protect what little we have.

Thanks all :) I got the credit card back. Have phoned tax credits - he had already done so and our joint claim had been stopped. He hadn't told me that so I'd have been expecting money that didn't arrive. I've made a single claim for tax credits and am waiting for that to come through.

I've heard back from the council - can claim housing benefit with him still on the joint tenancy so that is something. I'll have to claim in 2 weeks. Hadn't thought of the electoral register thanks for reminding me on that.

I've also sat him down and we've cancelled / moved direct debits from joint account. He's not happy but it is something i've been asking him to do for 6 weeks now.

Sounds like you're beginning to move forwards - any chance the housing could put something on writing such as about in the event of your death and what would happen so that it might shut down his case?

i don't know to be fair, I think he's putting negative thoughts etc across to me as a historical thing as I ride a motorbike as well as drive a car / drive as part of my job.

I think today he realises I'm taking control of our personal household and he did say he'd sign to give up the tenancy when allowed to. I think he was surprised I'd looked up divorce and knew what i'd be able to do to start legal proceedings if needed. I do think I'll do this sooner rather than later but am happy to leave it there for now. up till now I've been concentrating on him moving out, the first weekend for our girls and now moving forward am viewing things further down the line. He just needs to do the same.

To take him off the tenancy you'all need to do a deed of assignment. This is a legal agreement that in effect ends the joint tenancy and makes it single. You need to have not reassigned before (can only do once), not be in arrears and the landlord needs to be in possession of a letter from Him asking to come off the tenancy and from you asking for him to be removed. Then at their discretion this can be done.

This is incorrect advice. You will need either a Court Order (if you are divorcing it can be done as part of this) or you will need to terminate the whole of the tenancy and the Council will need to grant you a new sole tenancy.

He does not have to come off the tenancy before you can claim Housing Benefit, nor do you have to be divorced.

Well that's how the two HA's I used to work for did it - the deed of assignment was the new tenancy which ended the old one and started the new one at the same time.