Divorce and rights - unusual situation

annmariegabrielle

Partner and I married 20 years. I ended it jan 1st.
my parents pay my accommodation and have done since before I met and married him. He gained a roof over his head and  he has not been responsible for any household bills whilst married to me. Neither of us named on tenancy. It’s coming up to 3 months and he still not left. Says he is looking but struggling to find somewhere. 

Is he entitled to have accommodations provided for him because he has had it free for time with me?
I have a pension which I have had since I was in my teens. I understand he may be able to have half of this. He has not sorted a pension for himself so can’t off set mine against his. He has worked all the time since been together - but never used his money on bills or a pension. I work full time too.
my main concerns are my pension and what if anything he maybe entitled to through my family, I.e financial support and housing support 
many thanks 

TBagpuss

No, he is unlikely to have any rights to accommodation- however you need to clarify what the basis of your joint occupation of the property is, I.e. whether you are tenants , bare licences, lodgers etc.

after a 20 year marriage it is likely that he will be entitled to a share of the pension, this may be 50% or could be less depending on how long before you met, you were contributing.

annmariegabrielle

Thank you 

It’s a company let - through one of my fathers companies. Neither of us are on the tenancy agreement. Just the landlord and the company.
the pension does worry me. It stands at 311,000 so not massive - but giving him half of that ..well I could cry… 

annmariegabrielle

Re the pension contributions -  I will look as it’s changed hands a few times  interesting point . Thank you 

T.T.D

For any council assistance he has to register on the local common housing register, if your both in a property that’s been “provided/allocated” to you by your father through his company and you have both been living there for a long time and you paying the bills etc, you BOTH may automatically be deemed as assured tenants even without a tenancy agreement in place, so as a tenant so to speak, he would be entitled to remain in the property as would you be and therefore laws and tenancy rights apply (so don’t go changing the locks on him just yet).

If you are as I suspect in fact tenants, him having a roof over his head would not prioritise him for housing through the local authority. 

The rental market is crazy right now too, and he may not be able to rent privately due to affordability and lack of availability. 

What you should do as should he, is seek legal advice on your housing classification, are you tenants? Shelter and citizens advice could probably answer this question if money is tight.

20 years marriage would probably entitled him to a percentage of your pension.