Joint Tenancy Relationship Breakdown Advice Please

[Greenflamesburn]

After one drunken monologue to far I know my 16 year relationship is over. He has also insisted on this during his monologue.

I need advice from anyone that has been through a breakdown in a relationship and is in a joint tenancy with a housing association.

He is under the impression that he is the main tenant. We are both named on the tenancy under the tenant section. His name happens to be on line one and mine line two. We both are legal tenants I know this no matter what he is shouting about being the only main tenant.

I also know if I leave I make myself homeless intentionally that I will get no support. I know he can't remove me and me him.
Advice I need is where to go from here.

How does one of us going about getting the others name off the agreement. I am happy to go to court over it and let them decide (I feel this will have to be done) I don't know who has 'more right' to the house and I am happy for someone else to decide. How do I get to that point?
Thanks

You need to contact your HA and explain the situation, one person can be removed if both agree to it but it is often the case one person refuses for various reasons.
If he refuses to then they may be able to offer you a MARAC risk assessment and consider either rehousing you or forcibly removing him (but this would be a response to serious DA usually) there will be a special team trained on all the legalities of this at your housing trust and they are the best people to support you.

Also his name being first is of no relevance whatsoever if you are both joint tenants, the only issue would be if you were listed as an 'occupant' not a tenant.

I had to go to court to get me exDH removed from the tenancy as part of our divorce. It’s worth talking to your housing officer to see if there’s anything they can do.

Thank you for the advice.
I have signed under tenant so I know we are joint. Not married alot of advice online I could find was for divorce.
He is adamant I must go and it's his house. The thing is me going means taking the kids with me and making us homeless I will ring my HA tomorrow and see what they say. Thank you again

As others have said you are joint tenants, with equal rights to occupy.

You might be able to get a transfer of the tenancy from joint names into your sole name via the family courts if you cannot agree who is to remain- you'll need to see a family law solicitor.

Drunken rants don't sound good - Womens Aid may be able to help too.

Your HA may help, but equally they cannot force either of you to leave, unless the conduct is worthy of a possession order, in which case sometimes they'll go for a court order but then regrant a sole tenancy but that would normally be for serious DV

Worth noting too that only one parent will qualify for bedrooms for children so if you left with kids and it was say a three bed house he stays in he would have to pay bedroom tax, if HA agreed to rehome him he'd only qualify for a one bed accommodation even if you split parenting 50/50 , whoever claims the child benefits gets the bedroom allocation for the kids.
Hope that makes sense it's hard to explain in writing.
You can also contact your local authority homeless prevention team as can he, for advice on moving forward.
Good luck x

@curtaintwitcher23 I claim the benefits for children. The eldest is mine from a previous relationship, younger 2 are ours. So either way one child comes with me. What is MARAC?
@Boomboomboomboom No DV although now I've taken my Rose tinted glasses off definitely mind games.
Currently in a 3 bed. All rooms occupied DS 16 boxroom, DD2&3 11/8 in a room together. Both working and either could cover the rent granted I'd have to swap to UC as we currently get a small amount of Tax credits towards childcare costs, but don't get any housing benefit. I know I would qualify as I have run the calculations on the benefit calculator.
I get £400 off him a month towards bills, food, Children and nearly £450 in TC/CB if I'm on my own I'd get nearly £950 towards rent, childcare ect. So all in all I'd be £100 up a month.
Thank you all for replying.

A marac is a multi agency meeting called to discuss risk to a person/ family and possibly putting in a support package that might include offering you rehoming.
You will have to answer questions and your risk will be assessed to see if it meets a threshold.
Try not to worry but definitely speak to your housing association as a first point of call, even the contact centre staff should have basic training on who you need to speak to and they will be supportive.

Thank you @curtaintwitcher23
I was homeless nearly 17 ago and I really don't want to do it again. 😔
If I have to I will.
I'm not worrying just unsure of what is next on my rather wide and bendy path that is my life currently. I think this has been on the cards for a while but this last rant was to much.