I have been granted my decree nisi and now want to transfer the joint council tenancy solely to me. He refuses to apply to the council to re-assign even though he’s been told his salary is sufficient to meet his own housing needs. He’s also refusing to leave until a bailiff forces him but this is not an eviction. He wants kids and I to move out so the council re-house us which is ludicrous.
Legal advice is to apply for an injunction to prevent him giving notice to quit but I can’t find what form I’m supposed to complete. Solicitors want £200+ to tell me, no free 30 mins round here. One said I had to apply for a financial order and quoted me ££££ plus £3-6,000 just for the injunction. So I’m leaning towards LIP.
Do I have to apply for a Financial Order to transfer the tenancy? We don’t have savings, it’s just the tenancy we disagree on. He won’t agree to a consent order and won’t cooperate to disclose finances (nothing to hide, just controlling). Worse case scenario he would go abroad for a long time. He’s already travelled three times this year so my application kept stalling. I feel I can’t get closure, live in peace and move on. So close to Decree Absolute but he could go AWOL and hold everything up.
Do I use Form FL401 for the injunction? There’s been plenty of emotional abuse but no risk of harm. Is it Form D50B for a Property Adjustment Order (it says tenancy transfer)? Any advice really appreciated.