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Help with housing association flat with wife

2

Comments

  • Savvy_Sue wrote: »
    I am confused as to why the HA sent you to CAB, and you then got conflicting information.

    They sent me to CAB as they dont know the legality of the situation since we have a child. The lady officer told me you need to obtain more info in relation to family matter as they only provide info regaring the houssing issues.

    What did the HA say about transferring your tenancy to your wife? And what did they say about offering you an alternative?

    The lady officer told me its a legal document and I need legal advice through CAB
    She didnt mention any alternative if anything happen


    Would the property be suitable for you if you were living alone? Would you require special adaptations in a new property?

    They gave me this flat to suit my disabilty and fitted some of what I need as they couldnt fit everything due to their new walls conversions.

    If your disability makes you 'vulnerable' (and that's a technical definition, the bar can be ridiculously high), then you have a better chance of obtaining a property through the HA or the local council.

    I am not sure about this. Do you mind explain further. Please forgive my ignorance in relation to this matter.

    Many thanks to you
  • What a load of rubbish. Adults with kids don’t end marriages because their mates egg them on to! Unless you’re married to a 15 year old which I hope you aren’t.

    Didn’t even bother to read the rest after this!

    Even 15 years old will not do such a thing.
    I hope you will not end up with my situation.
  • Marvel1 wrote: »
    Stay there, do NOT move out.

    My concern if she called the police with false accusations. definatly they will remove me and its in her favour. What then Marvel!!
  • ska_lover wrote: »
    I think, if you are the sole occupant then how would she have the right to automatically take over the tenancy - but then you say your wife and child are added to the contract, so I am confused if the tenancy is in your name , or both

    In the main page I am the sole occupant. When I married her and brought her from Jordan I had to add her name under other household members. When we had our son I added him too they put both their names under that section

    You don't say in much detail what advice the housing officer and the CAB told you? But (assuming here) you will be taking part of the parental responsibility for your son - it seems unfair that you should be the one who moves out - especially if your current home is adapted in anyway for your needs - is it?

    The housing officer told me its a bit tricky as we have a son and I need more legal advice from CAB as they dont provide such info.
    The same CAB told to check from family solicitor in relation my situation and gave me few numbers to contact and attend my local library on Tuesday where they provide legal advice!
    In relation to the adaptations, they manage to install few things as the flat itself was converted from a 1 bedroom flat to 2 bedrooms. The partitions are not stong enough to adapt some of the things I need which I am managing with my wife's help as I registered her as my carer


    Nevertheless, another flat is going to be needed to be found, whomever moves out and I think Savvy Sue makes some good points

    The only bit of advice I can give you is that if you feel you are not being heard - approach your local councillor, and ask them to intervene, write emails and letters to assist

    I am really thankful to your kindness. I will check your kind ideas.
  • Fire_Fox wrote: »
    I read that sentence as
    "they convinced her to get rid of me [from the property] and she can easily take over my housing association flat"
    rather than
    "they convinced her to get rid of me [from the marriage] and she can easily take over my housing association flat"
    It certainly isn't clear :o but the more literal interpretation makes sense if English is not Grendizer's first language.

    Forgive me as my first language is Arabic.
    I am trying my best
    I do apologise
  • Fire_Fox wrote: »
    Grendizer is English your second language?

    Please do not take offence, your language skills are very good! I come from a family of teachers, and we had overseas students as lodgers and as dinner guests when I was a child. :)

    If yes, do make full use of the Council or Housing Association's interpreter service. This may simply give you extra time to breathe and think about what is being said, instead of stressing and worrying and missing important details (completely natural in this situation).

    OR Have a friend/ relative/ ex-coworker to accompany you to appointments OR communicate with the Council or Housing Association by e-mail, again to give you extra time to think about what is being said, OR as SkaLover suggested contact your Ward Councillor (listed on your Council's website).

    Hope that helps. :)

    No offence taken my friend.
    many thanks for your kind time trying to help
  • kazwookie wrote: »
    Is this the only reason you are divorcing?


    If so you would be better off putting up a SOA on the debt board and asking for help there.


    For now I strongly suggest you do NOT move out of the property

    Many thanks for your kind reply.
    I am in 40K loans.
    I married her for love. I took 2 loans for her and when I couldnt repay I had to make aggreament with link finance to pay monthly instalements. Since then things went to the wrong direction.
    I cant fulfill her demands anymore.
    This is the reason her friends telling her being single mum will have it all from the government
  • T.T.D
    T.T.D Posts: 262 Forumite
    Sixth Anniversary 100 Posts Photogenic Name Dropper
    When you add someone to a tenancy such as a wife you make them joint tenants with you, it’s not like adding some one like mate whose staying for a few weeks and you remain a “sole occupant”.

    The contract between you her and housing is binding, meaning the only way she will get a take over of tenancy is if you both go into the housing office and YOU sign it over to her, the only other way that can be done is via a county court judge who removes you from the property it’s called an occupant order and just having a son and she being mum won’t grant her aromatic right to the property either. Other things like domestic violence financial abuse, harassment by you or those close to you will give rise to one along with a anti molestation order too.

    You BOTh have a right to occupy the property as far as I see it.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    T.T.D wrote: »
    You BOTh have a right to occupy the property as far as I see it.

    As the council has made some adaptions to the flat to help you cope with your disability, I would expect them to want you to stay there otherwise there will be extra costs in converting somewhere else.
  • t0rt0ise
    t0rt0ise Posts: 4,505 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 3 November 2019 at 5:22PM
    T.T.D wrote: »
    When you add someone to a tenancy such as a wife you make them joint tenants with you, it’s not like adding some one like mate whose staying for a few weeks and you remain a “sole occupant”.

    The contract between you her and housing is binding, meaning the only way she will get a take over of tenancy is if you both go into the housing office and YOU sign it over to her, the only other way that can be done is via a county court judge who removes you from the property it’s called an occupant order and just having a son and she being mum won’t grant her aromatic right to the property either. Other things like domestic violence financial abuse, harassment by you or those close to you will give rise to one along with a anti molestation order too.

    You BOTh have a right to occupy the property as far as I see it.
    They haven't been added as a tenant but as an occupant. Therefore the OP is the tenant and should stay there. If the wife wants to leave with the child she can go to the council and be housed herself. The council is duty bound to assist with housing the child.

    I should add that I know the section on the form that he's talking about and it doesn't make the wife a tenant.
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