Asking for a friend here. She's been separated from her husband for 10 years, but they've never got divorced (didn't get round to it/couldn't afford the costs/both too stubborn to initiate it excuses etc).
Background:
When they were together they lived in a council property. Originally she had a sole tenancy from when she lived alone, then when they got married he was added and made joint tenant. When they split up he refused to leave the house, so she moved out and started fresh (with their children). She spoke to the landlord (Council's housing association) about coming off the tenancy - something she had to do because she was starting a fresh tenancy in another housing association property (with a different HA). She was advised that she needed to pay off her half of the arrears (only about £100 at the time) and then she'd be removed. She duly paid it and then assumed the matter was dealt with and that she'd been removed from the tenancy and could proceed with the new tenancy on her new property.
Ten years on, and she's discovered that she was never removed from the original tenancy, it's still held jointly between them. Her (not quite ex) husband hasn't ever mentioned it or tried to change it either, and they've never discussed it since separating. This is despite him being taken to court at least once for non payment of rent, presumably she was named on the court summons too.
She's spoken to the housing association about being removed, and they've told her they can't remove her from the tenancy and keep it going, but she can give notice to quit and end it. Except she can't do that because it turns out he's massively behind with the rent again (£2k/nearly 6 months worth) and they won't allow a tenant to give notice while there are arrears. Clearly she doesn't want to clear his arrears (even though she realises that she is legally responsible for them). She doesn't have a copy of the tenancy agreement or any paperwork relating to it as he kept it all when she moved out. Has requested a copy from the council's housing association.
Housing association advised her that the best option would be to get divorced as a divorce judge can order that the tenancy is split/she is removed from it without having to terminate the existing tenancy completely And I guess the court would also decide how to apportion the debt of the arrears?
My understanding of the divorce process is that if both sides are in agreement as to how to divide the marital assets (and liabilities?) you can get a solicitor to draw up a consent order and the court just approves it. Otherwise you apply for a financial order, and then argue it out in court with a judge making a final decision?
But in this case, even if they both agree that she should come off the tenancy and he takes on the debt (his rent arrears), can that be done by consent order - because legally only the divorce court can order the tenancy is amended in this way? Does that mean they have to go through financial proceedings to get the judge to make that order?