Divorce and (rented) property

esellek

Hi

I am commencing divorce proceedings and have a bit of a stumbling block.  The property that we (self, husband, 3 kids (1 under 18)) live in social housing as joint tenants.  It is an amicable divorce and my husband is happy to sever the joint tenancy and for the property to be in my sole name.  Now, the thing is that if we sever the tenancy with the housing association, they will (I guess) say that he has intentionally made himself homeless and won't rehouse him.  He has nowhere to go, no family/friends that he could stay with.

We are on a low income (I work, he doesn't due to ill health - currently making an application for PIP) and we receive universal credit.

I have submitted the D8 form myself as we have nothing to argue over and are amicable, am trying to avoid solicitor fees (I know what their hourly rate is!).

I'm just getting a little confused as we are in social housing and much of what I have looked at refers to owned property and getting a consent order.  Maybe that is what is needed but I'm just a bit bogged down with everything.

Thank you.

elsien

Rather than speculating, perhaps he could make an appointment with the housing dept.  to have full information on what help they may or may not be able to offer. 

If he can’t work, then would he not be able to rent somewhere and claim benefits to cover the rent? Or become a lodger somewhere to start with? 

Depending on where you live, it’s very unlikely he will jump straight into another social housing property even if eligible. 

seven-day-weekend

Is there any sheltered housing (either council or private rented) he might be eligible for?

Jude57

If your housing association is entirely separate from your local authority (and not an arm's-length management organisation or ALMO for the Council's housing stock) then as well as speaking to the housing association, your husband should speak to a housing officer at the Council. They'll be able to talk him through his options as well as advising on any initiatives the Council may have to offer, such as help with deposits for privately rented property. If your housing association is an ALMO then their officers should be able to do the same, or at least signpost to appropriate local support.

Random thought - if you or husband were ever a member of the armed services, don't forget the Royal British Legion and SSAFA who can help in numerous ways.

esellek

Thank you so much for your replies.  I've contacted our housing association and the council and have some phone numbers for him to call.   And thank you for the SSAFA, BRL, that is a thought as he is ex-RAF VRT.   

TBagpuss

You may need a formal court order - this could be under the Family LAw t which gives the court power to transfer a tenancy, or could be as part of a full financial order within the divorce - the family law act way may be quicker - you would need to check with the council whether if there was an order which was made by consent, if they would still view it as intentional homelessness or not.

You can apply for the enancy to be transferred and your partner can tell the court he neither consents not opposes an order, (you can explain that if he simply agrees to have his name taken off he will be treated as having made himself homeless) 

The court should be able to make the order and then he's leaving as a result of the the order. 

With a standard order within the divorce you may be able to do something similar but it is likely to take longer before you get to a first appointment at court, so the FLA route may be preferable. 

You may find this useful - https://rightsofwomen.org.uk/wp-content/uploads/2019/07/Applying-For-A-Transfer-Of-Tenancy.pdf 

Court application form  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688028/d50b-eng.pdf 

elsien

Even if he's not intentionally homeless though, there may still not be an obligation on the council to house him. That will depend on his individual circumstances and his priority on the list. Hence the benefit in talking to them directly.