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AIBU?

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Original poster

Do I need legal advice? He left.

60 replies

sorrycanthearyou · 12/09/2022 12:35

Husband walked out but is coming back as he can't move out right away. I only work part time and seeking more work now. But as yet he's been the breadwinner.

I have no savings nor assets. Child is not biologically his and I will facilitate their relationship happily.

We'll have to discuss how rent is paid etc. and I want to go halves but not really possible given my lowly income.

Do I need legal advice or should I just play it by ear? I'm socially housed, he is not a joint tenant.

OP posts:
Theprimeofmissmulroney · 12/09/2022 12:38

If the tenancy is in your name only, I wouldn't have thought he has to pay. He needs to pay child maintenance.

Theprimeofmissmulroney · 12/09/2022 12:39

Sorry just saw the child isn't his.

ILikeHotWaterBottles · 12/09/2022 12:39

Theprimeofmissmulroney · 12/09/2022 12:38

If the tenancy is in your name only, I wouldn't have thought he has to pay. He needs to pay child maintenance.

No he doesn't. Kid isn't his.

He doesn't have to pay rent though. But I guess since you're social housed that there may be help there.

ICanHideButICantRun · 12/09/2022 12:40

If your home is in your name and your child isn't his, can't he just go and leave you to it?

Will you get help with rent from benefits?

LongLivedQueen · 12/09/2022 12:40

Socially housed, single tenant: the rent is all yours. No child maintenance due either.

Lockheart · 12/09/2022 12:41

Why would he have to pay any rent if he is not living there? The child is not his and nor is the tenancy.

You need legal advice OP, and I would step up the search for work urgently.

Lockheart · 12/09/2022 12:43

ICanHideButICantRun · 12/09/2022 12:40

If your home is in your name and your child isn't his, can't he just go and leave you to it?

Will you get help with rent from benefits?

Because there is a legal marriage ending there may be changes to benefits claimed and assets of the marriage to divide. It's not quite as simple as he can just leave, like he could if they were not married.

But as the tenancy is OPs and the child is not his, it's very very unlikely any court would grant OP any maintenance or rent!

PenguinLove1 · 12/09/2022 12:43

If the house is just in your name and the child isnt his why are you expecting him to pay half the rent?

Does he have savings etc that will become marital assets? If so Then yes see a solicitor as you would normally be entitled to half what had been build up During the marriage

If there are no assets/savings then im not sure you can ask him to pay your rent - maybe best to start a new UC claim as a single parent, that might help with your rent?

Elieza · 12/09/2022 12:44

See what benefits you’re entitled to. My single parent friend gets £300 a month plus council tax reduced to a few quid a month. Keep looking for more work. If you stay on good terms with your ex and explain you’re looking for work urgently he may be willing to help with money for a couple of weeks to help out?

XmasElf10 · 12/09/2022 12:46

If you are married then assets will be split however this takes time. You need to let Universal Credit know that your circumstances have changed and you are now single. You should claim child maintenance from your child’s father.

Sugarplumfairy65 · 12/09/2022 12:46

The tenancy is in your name so you dont need to allow him back in.
He has no legal obligation to financially support you, your child or the house.
You need to contact universal credit today and start a claim.
Also. Contact the child support services and make a claim for support from the child's biological father

Swampmonster1988 · 12/09/2022 12:49

So house is yours and child is yours? No you don't need legal advice as it's clear he doesn't have to pay. You need work and you need to look at any additional benefits you can claim in the meantime.

Comefromaway · 12/09/2022 12:52

If the house is just in your name and the child isnt his why are you expecting him to pay half the rent?

OP says he is coming back as he can't move out straight away (presumably he has nowhere to live yet)

Ihatethenewlook · 12/09/2022 12:53

The house is in your name. He doesn’t have to pay any rent. Why do you think he does?

ArcticSkewer · 12/09/2022 12:55

Put in a claim for UC as a single person.

See if you can use the rent a room scheme to charge him rent but be aware this may look suspicious to UC single person claim. You can still claim UC as a single person even if he is living there but it needs to be clear you lead separate lives.

You can file for divorce online if you want to.

Are there any assets to split?

Creepymanonagoatfarm · 12/09/2022 12:55

I threw exh out. Joint private tenancy. No joint dc. Asked for single tenancy which was agreed.
Never had anything to do with him since that day. Filed for divorce. Claimed housing benefit.

StarDolphins · 12/09/2022 12:56

For people asking why he has to pay rent - he’s moving back in isn’t he? That is why!

Creepymanonagoatfarm · 12/09/2022 12:58

You need to toughen up.
Locksmith.
And send him links to Airbnb... ..

LoveHamble · 12/09/2022 13:01

Op the advice on here is wrong. Perhaps get the thread moved to legal.

Carebears21 · 12/09/2022 13:01

Yes you need to legal advice…as you are married even though he isn’t on the tenancy i don’t think you can just throw him out?

Purplecatshopaholic · 12/09/2022 13:02

sorrycanthearyou · 12/09/2022 12:35

Husband walked out but is coming back as he can't move out right away. I only work part time and seeking more work now. But as yet he's been the breadwinner.

I have no savings nor assets. Child is not biologically his and I will facilitate their relationship happily.

We'll have to discuss how rent is paid etc. and I want to go halves but not really possible given my lowly income.

Do I need legal advice or should I just play it by ear? I'm socially housed, he is not a joint tenant.

Child isn’t his, so he doesn’t have to pay you anything there - get CMS in order from child’s father if it’s not already sorted. He’s not a joint tenant so doesn’t have to pay you anything there either. Look into what benefits you can claim. No need for legal advice on those two issues I wouldn’t think. As you are married you might want legal advice eg on any joint finances or any assets.

LoveHamble · 12/09/2022 13:07

Husband has marital home rights and the child is 'a child of the family' because they are married. That may entitle op to child maintenance in the short term, and spousal maintenance in the short term. Since it is not as clear cut as posters are making out.

Please access legal advice properly before doing anything, the exception being applying for UC now.

GiltEdges · 12/09/2022 13:09

LoveHamble · 12/09/2022 13:07

Husband has marital home rights and the child is 'a child of the family' because they are married. That may entitle op to child maintenance in the short term, and spousal maintenance in the short term. Since it is not as clear cut as posters are making out.

Please access legal advice properly before doing anything, the exception being applying for UC now.

There would be nothing “short term” about being awarded child maintenance or spousal maintenance in the situation OP describes, even if it is theoretically possible.

Realistically, neither is going to happen.

Original poster
sorrycanthearyou · 12/09/2022 13:11

ICanHideButICantRun · 12/09/2022 12:40

If your home is in your name and your child isn't his, can't he just go and leave you to it?

Will you get help with rent from benefits?

Yeah, I need him to move out I think before I can claim. Him being here means I can't claim. So that's why I thought ask him to pay half. I don't want to be unfair of course but just being practical.

OP posts:
Pinkandpurplehairedlady · 12/09/2022 13:11

I think it's best if you speak to a solicitor. As you are married he has home rights and can stay there until the divorce is final - it was the other way round with my ex in that the housing association tenancy was in his name only and I was told that legally I didn't have to leave. Has he got a plan for moving out going forward?