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Help with Injunction / Joint Council Tenancy pls

4 replies

ImaFreedomSeeker · 13/08/2022 21:36

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.

OP posts:
Unknown1122 · 25/12/2022 21:02

I have done so many silly mistakes with my injunction. When its finished in 2017 H came back. I didn't retaliate. After struggling so many year, having a financial freedom now. I am not accepting his rubbish behaviour. Becoz there is no point to accept his bullshit anymore. I have become more independent and come out of traumatised feelings. He was bullying continuously on and off , behaviour still very rigid and controlling. He didn't allow my children to go abroad to meet with my parents. We all are suffering with sever emotional abuse. Even i have not much social life around me.
I am afraid, when my son will grown up. He will leave this house and don't want to live in this environment.
He tried to beat me 2 3 times but no evidence in my hand. I am on UC at the moment as single parent.
I am having 2 children aged 11 and 14 . Can anybody help me what do i do to come out if this situation. Should i contact to women aid or go by myself to family court.

chan2185 · 10/08/2023 09:04

Good Morning some advice is needed.
met current partner over 7yer go.nothing serious not romantic at all but we got on.had a child who is now 10.during that time ss got involved as not happy in relationship ended up moving away when child was 4from him and had no contact he came back on seen couple years ago it's been toxic but had a child.ive been supportive he has a gambling and drink prob..I introduced to friends who he has met thus year but he seems to always put people before me.just started to work received nothing from him but wants to be out having drinks with friends my friend thinks because him and her partner are friends she can't really say he not allowed round there.i thought maybe we can all get on and do activities with each other but was I wrong for introducing a bad crowd.we had a argument instead of them telling him to leave there property I was told to go home even though I wasn't the one making the scene.he says I just want him around all the time which is far from true.

Hoppinggreen · 10/08/2023 10:20

chan2185 · 10/08/2023 09:04

Good Morning some advice is needed.
met current partner over 7yer go.nothing serious not romantic at all but we got on.had a child who is now 10.during that time ss got involved as not happy in relationship ended up moving away when child was 4from him and had no contact he came back on seen couple years ago it's been toxic but had a child.ive been supportive he has a gambling and drink prob..I introduced to friends who he has met thus year but he seems to always put people before me.just started to work received nothing from him but wants to be out having drinks with friends my friend thinks because him and her partner are friends she can't really say he not allowed round there.i thought maybe we can all get on and do activities with each other but was I wrong for introducing a bad crowd.we had a argument instead of them telling him to leave there property I was told to go home even though I wasn't the one making the scene.he says I just want him around all the time which is far from true.

Start your own thread
Use paragraphs and capital letters
That would be my advice

chan2185 · 10/08/2023 12:02
  1. I will start my own thread
  2. If I wanted some advice on my grammar I would have asked for it.
  3. Don't comment I nothing useful to say
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