Hi, thank you for your question. As you are married you have matrimonial home rights even if the tenancy is not in your name. This right lasts until divorce or court order excluding you from the property.
What kind of tenancy is it?
Thanks for confirming. If it is a secure or assured tenancy, you can apply for it to be transferred to your sole name. This can be done either as a transfer of tenancy application under form D50B and a £155 court fee to your local family court. Or if you intend to pursue a divorce it can be done as a property adjustment order under Form A once the divorce petition has been issued. The fee for the divorce petition is £550 and the fee for a financial relief application is £255. At the same time, if appropriate you can apply for financial relief in the form of spousal maintenance or lump sum payments if there are assets.
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