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Relationships

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

Joint tenancy- relationship breakdown

12 replies

Mcl21 · 04/09/2022 20:02

Hi I wonder if anyone can offer any advice please?

I have been with my partner nearly 5 year now and we have a joint tenancy with the local council. Things are not great between us at the moment and following an incident of violence the other day with his brother (police called) I have asked him to leave. Obviously he refusing to but does anyone know where I would stand legally to get him out of the house.

I have 2 children and we are not married. Personally I feel that as he is the one who has done wrong he should leave and also this is the only home our little one has ever known she is 3. He is trying to justify his actions by saying it was to protect me blah blah blah - I wasn't in any danger but do feel that me or my kids could be one day if we stay together (he has history of domestic violence with his ex)

Gjoint tenenrateful for any advice or suggestions 🙏

OP posts:
Jennisted · 04/09/2022 20:10

Does he have anywhere else to go?

CanIHaveAHolidayPlease · 04/09/2022 20:14

It doesn't matter whether he has anywhere to go!!
If he's been violent can you get a restraining order on him from the police? I'm guessing social services are now involved too.

You could do a search under Claire's law with your local police force and use that in your favour when approaching the council

CanIHaveAHolidayPlease · 04/09/2022 20:16

Sorry I read it wrong - I thought he'd been violent towards you.
I'd still arm myself with Claire's Law info Confused

Jennisted · 04/09/2022 20:20

CanIHaveAHolidayPlease · 04/09/2022 20:14

It doesn't matter whether he has anywhere to go!!
If he's been violent can you get a restraining order on him from the police? I'm guessing social services are now involved too.

You could do a search under Claire's law with your local police force and use that in your favour when approaching the council

Unfortunately it does.
I've been through it before. A restraining order - a non molestation order can be put on him while still living with you.
You need an occupation order which is harder to get the judge to approve and requires that he has somewhere else to go.

I'm actually really fed up of everyone thinking all you have to do is tell someone. It's a nightmare to get it done legally unless you flee but then you're taking the kids away from everything they know and own.

JanglyBeads · 04/09/2022 20:22

Shelter have fab advice on website/helpline.

JanglyBeads · 04/09/2022 20:23

Council would not be impressed either, you could contact them

CanIHaveAHolidayPlease · 04/09/2022 20:25

Oh my goodness. Why on earth are things just so bloody difficult?!

Chicheguevara · 04/09/2022 20:31

Give the council/housing authority a call. Mention the violence thing with his sibling, police called etc. it may or may not help.
When I split up with my ex husband, the council were great. They found him somewhere and left me where I was. It took about 5 weeks in total, he had to bid but he was on a ‘gold band’ so found somewhere quite quickly. There was no violence involved in my case, but the council were exceedingly helpful at relationship breakdown stage.

Mcl21 · 04/09/2022 23:38

Thanks all

An anonymous call was made to social services who when they called me didn't seem too concerned as I was not involved

The police are also making a referral so will see what comes from that

He is adamant that he will not leave- dick head that he is - is trying his hardest to get me to forgive him and work this all out for the kids

If it was the 1st incident then I could maybe have been persuaded - I am aware of his past so don't need to do claires law - social services were involved a couple of year ago dur to allegations his ex made

I just need don't think it's fair that the kids have to be uprooted because of his actions

He doesn't have anywhere else to go but neither do me and the kids

OP posts:
GreenFingersWouldBeHandy · 04/09/2022 23:42

So he has previous?

He has to go.

Tell him to get his shit in order. And go and stay with a mate or family while you be the stable one for your kids.

Mcl21 · 05/09/2022 00:27

Yeah he has previous - not with me

I want him to go - I just don't know how to make him go!

OP posts:
GreenFingersWouldBeHandy · 05/09/2022 07:39

I would get on the phone to the council as soon as they open this morning.

Are you and the kids safe? Maybe also log it with 111.

Sorry this is happening.

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