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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Help with removing my ex from tenancy

8 replies

Lisalisa2018 · 16/07/2018 20:03

Hi i’m looking for some advice on how I can remove my ex partner from a joint tenancy agreement I was at the hands of domestic abuse to which an injunction was served on him to stay away from myself and children he left the home two years ago it’s a council property and I’m looking for a mutual exchange for a fresh start for me and the children but he has refused to sign paperwork to get him off the tenancy what else can I do I feel like he has a hold on me still. All the council say is take him to court how long could this take or how do I even do this?

OP posts:
MrsBertBibby · 16/07/2018 20:15

This is the form

www.gov.uk/government/publications/form-d50b-application-under-s17-of-the-married-womens-property-act-1882-s66-of-the-civil-partnership-act-2004-application-to-transfer-a-property

You want the third option (Transfer of tenancy)

You should be able to get legal aid if you are on benefits /v low wage.

Statement setting out the history of DV, and why you should get the flat rather than him (look at Schedule 7 to see what the court needs to consider and cover it)

www.legislation.gov.uk/ukpga/1996/27/contents

Three sets of both to court, wait for a hearing.

Lisalisa2018 · 16/07/2018 20:28

We was not married 😞 just fill like even know we are not together he has a hold over me, i am still in contact with the police.

OP posts:
MrsBertBibby · 16/07/2018 20:37

That is still the correct form. You are applying under Family Law Act, not Married Women's Property Act.

Lisalisa2018 · 16/07/2018 20:44

Many thanks do you know how long it can take? I just fill so along and don’t know who to turn to

OP posts:
MrsBertBibby · 16/07/2018 23:28

I know, it's tough, but you'll get there. One foot in front of the other.

Time frame depends on your local Court I'm afraid, it may take several months, court time is tight and the admin staff are spread terribly thin.

patsy999 · 16/07/2018 23:31

I did an occupation order then transfer of tenancy in divorce due to dv.
The order took 3 months as courts have a long waiting list.

Lisalisa2018 · 17/07/2018 10:28

Thanks for all your help I have an appointment with citizens advice bureau to start the process.

OP posts:
Notbeingrobbed · 17/07/2018 12:18

Count yourself lucky you were not married! You got that right.

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