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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.

Transferring tenancy to my name

4 replies

BishopBrennansArse · 09/01/2020 17:27

Hi there, I got a non molestation and occupation order due to domestic abuse which commenced on Friday 13th December. Ex left that day.

We had an assured tenancy with a housing association. I have forwarded the occupation order stating that ex has no right of occupation as of the 13th December. Housing association are refusing to remove ex from tenancy.

Any idea how I can get the tenancy in my name only? Ex has no right to live here. Despite DA I was hoping to do the 2 year separation before divorce to try and keep things calm.

Thanks

OP posts:
LemonTT · 10/01/2020 00:05

The occupation order should allow you to stay for as long as it is enforceable. I don’t think he can give notice during that time. But he might try and you would need to stop this legally. Check this with CAB or shelter.

If your HA don’t want to transfer it to you, then you would need to get a court order to make that happen.

BishopBrennansArse · 10/01/2020 09:26

Ok thanks Lemon. Will look into a court order. I can't understand why a court order banning him from the house can't get him off the tenancy. Oh well...

OP posts:
nex18 · 14/01/2020 01:05

My ex had to write requesting to come off and I had to write asking to take it on in my sole name. Then we had to both sign something (mine was a new tenancy agreement).

nex18 · 14/01/2020 01:07

Btw he’s still liable for the rent whilst he’s on the tenancy. My ex didn’t want to pay anything towards it so was happy to be relieved of that responsibility. (Although he knew full well that I would keep up with the payments).

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