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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Original poster

Leaving husband - Housing Association house in my sole name

126 replies

doloresclaiborne · 20/01/2021 11:50

I started a thread last year about my husband and unfortunately things are no further forward.

We live in my HA property (in my sole name).

Every few months or so there is a blow up and he tells me that he wants a divorce. The last one of these was in October.

He started looking for another rented property but he could not find anything that he liked, that would take his cat (he had the cat before we married and doesn't want to leave her with me) and he also has an unsatisfied CCJ for £6k, which means that he would fail any credit checks on a new rented place.

As we are married I cannot throw him out. So in October I started looking at alternative properties and found a shared ownership house in the next village. I am now at a stage with this where I could exchange and complete and move out of my HA house.

However this would leave him in the property and I am not certain of the implications of this, for example if he carried on paying the rent would he be able to stay there? Or would the HA evict him?

I feel absolutely trapped by my situation. I would prefer to stay in my house and him to leave but he won't move out. If I leave my HA property then he will probably need to find somewhere else to live anyway as they might not give the tenancy to him.

I have spoken to a solicitor who tells me I can just give him notice to leave, but I am not sure this advice is correct, as we are married.The solicitor said you cannot have home rights on a rented property but I don't think this is correct.

Sorry, I am rambling. But I have to make a decision now. Either I pull out of the shared ownership place and stay where I am, with him. Or I move out and give notice on my HA house.

Does anyone have any advice to offer. I have asked my friends but they all think I should stay where I am. However they don't have to live with someone they want to divorce from.

Thanks

OP posts:
RickiTarr · 20/01/2021 19:49

Ha X post with the actual statue Smile

DianaT1969 · 20/01/2021 19:52

Has he asked the HA if they would be willing to house him in a studio or one bedroom? It's worth him asking or trying to get on the list.

Original poster
doloresclaiborne · 20/01/2021 19:53

RickiTarr - thanks. There’s no point kicking him out if I’m doing it illegally and if there’s a possibility I might have to let him back in again. If I’m doing this it needs to be done properly.

OP posts:
RickiTarr · 20/01/2021 19:54

Yes. It’s a tricky one.

gamerchick · 20/01/2021 19:55

OP you've went on about this since mid day. Have you rang the HA in the time it's taken to copy and paste links to this thread?

MiddlesexGirl · 20/01/2021 19:55

@BernadetteRostankowskiWolowitz

The tenancy agreement has fuck all to do with matrimonial home rights and the law

He doesn't have rights to your home, married or not, because he isn't on the tenancy.

Incorrect.
Original poster
doloresclaiborne · 20/01/2021 19:56

I think if he could find somewhere nice, that accepted his cat (she’s a sweetie so there’s no problem there) and his enormous CCJ he’d go. But I suspect he’s read up on his rights and he’s not even looking.

OP posts:
MiddlesexGirl · 20/01/2021 19:57

@gamerchick

OP you've went on about this since mid day. Have you rang the HA in the time it's taken to copy and paste links to this thread?
Maybe not, but she has booked an appointment with a solicitor.
Original poster
doloresclaiborne · 20/01/2021 19:58

Yes I have spoken to my HA, who don’t want to get involved. They say I need to take legal advice.

OP posts:
DelphiniumBlue · 20/01/2021 19:58

Start divorce proceedings. Then give him notice to leave.

Original poster
doloresclaiborne · 20/01/2021 19:59

Which obviously I’m doing now.

OP posts:
Original poster
doloresclaiborne · 20/01/2021 20:00

Yes, as far as I can see divorce ends home rights. In theory he could apply via the court to get the tenancy transferred to him but I can’t see him doing this.

OP posts:
ThatVeganFeminist · 20/01/2021 20:01

Omg the solicitor is talking actual rubbish
It's the marital home and he has the right to occupy it. If you ask him to leave and he does then he can't just come back but you can't just kick him out.
You also can't remove one person's name from a joint tenancy even if both parties agree.

Original poster
doloresclaiborne · 20/01/2021 20:04

No I can’t just kick him out. I wish that this was the case but it’s not.

OP posts:
gamerchick · 20/01/2021 20:04

@doloresclaiborne

Yes I have spoken to my HA, who don’t want to get involved. They say I need to take legal advice.
Your HA couldn't tell you whether it mattered if he was on the tenancy or not and you could kick him out or not? Really? Hmm

Ok then.

user1174147897 · 20/01/2021 20:06

@MiddlesexGirl

Why are people arguing against the passage of law that op cut and pasted? That seems pretty clear to me. What in it can be used to get a spouse out? Or are pp advising op to ignore the law because the spouse would have to go to court to get back in?
I don't understand what's gone on with this thread or why people are being so aggressive.

Most threads on housing and relationship endings you can rely on someone explaining that you can't just change the locks, yet here people are badgering the op for pointing out she can't.

It's a shame the first solicitor gave you duff advice, op, but at least you recognised it as such and I'm glad you've now found one able to competently advise. I hope you are able to make progress with them so you can move forward from this.

Original poster
doloresclaiborne · 20/01/2021 20:30

gamerchick. They obviously know my tenancy is in my sole name. She said they cannot advise me on matrimonial matters and I should take my own legal advice. This is quite common apparently. She was sympathetic but said they cannot give legal advice. She did say that if things turned nasty I should call the police

OP posts:
Original poster
doloresclaiborne · 20/01/2021 20:32

user1174147897 - thanks. I was a bit upset about it earlier but obviously I realise it’s just a forum and it’s not personal. I only posted here because Relationships is normally quite supportive.

OP posts:
HmmSureJan · 20/01/2021 20:38

@doloresclaiborne

gamerchick. They obviously know my tenancy is in my sole name. She said they cannot advise me on matrimonial matters and I should take my own legal advice. This is quite common apparently. She was sympathetic but said they cannot give legal advice. She did say that if things turned nasty I should call the police
This is my experience with my HA too. They have no interest whatsoever in getting involved in any kind of dispute and will only engage with solicitors handling the matter when forced to.
Bex19999 · 20/01/2021 20:57

@gamerchick I’m a housing officer and what the OP is saying is correct

ExtraSettings · 20/01/2021 21:09

MN not always supportive OP.

People assume all kinds of legal things they say they know, er, when they don’t. The law can sometimes be complicated, as I’m sure you know. All posters can do is flag things up for you.

Can understand it can be very traumatic in your situation. Flowers.

You are taking proper individual advice from a solicitor great, make sure they are very clear, and get a second opinion if necessary. You can’t take risks with your home.

Original poster
doloresclaiborne · 20/01/2021 21:29

I will pop back to the thread to update once I’ve had my telephone appointment. It might help someone else in the future. There’s loads of advice available if you’re married and homeowners but less so as tenants. There’s some info for joint tenants but I suppose my situation is less common so there are not so many resources to look at.

OP posts:
RantyAnty · 20/01/2021 22:32

I find it interesting that women seem to over worry about rules and legality while men just do whatever.
A lot of it depends on if someone has the means to fight it.

Theunamedcat · 20/01/2021 22:54

My housing association gave zero fucks until he threatened to damage there property then they said they would take out an asbo against him preventing him coming near the property and by association me

The difference in my case was he was removed by the police at that point i could change the locks (the police told him this) so I did

Onjnmoeiejducwoapy · 21/01/2021 00:42

It sounds like you need to get an occupation order, via court if necessary? It seems fairly clear cut (to my knowledge, on these facts) that you would win one of these, only question would be timeline. I read the citizen’s advice summary, those who are pulling out the tenancy agreement are totally incorrect as English housing law is complex, and a contract does not override it—OP is entirely correct on this.

What’s the possibility of a (mediated?) settlement with him, do you think? Like if you were to pay 4 months rent upfront before the divorce, would he agree to leave? I wouldn’t lose the house for anything, you’ll regret the loss of security in the longer term.