How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34494
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I am married, living in a council property. I moved here

Resolved Question:

I am married, living in a council property. I moved here with son 1998 and added husband in 2005 when we married. We have now separated and he won't leave. I am responsible for my son as he has special needs and needs escorting to school. Where do I stand Please?
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you of your quetsion

My name is Clare

I shall do my best to help you but I need some further informtaion first

How old are you both and are you willing to start divorce proceedings

Customer: replied 3 months ago.
I am 43 and husband is 61 and our son is 11. Yes I would start divorce but I have caused adultery.
Expert:  Clare replied 3 months ago.

Who has the day to day care of your son?

Customer: replied 3 months ago.
I return home at 7am and take him to school/ collect him from school,do dinner and so on. Then leave at 6.30 to my new partner everyday and weekends are shared one day each. This is all voluntary. No custody orders or anything in place. But I want him to leave so I can return to a normal life. But he won't as he is on the tenancy of the housing association accomadation. Also if I stay away at night does he have more rights to my son and house?
Customer: replied 3 months ago.
He did not want my son in the first place and told me he though he wasnt his. When there was no reason to believe any different and has not supported me in his diagnosis of Autism which I have been fighting for, for 7 yrs independently.
Expert:  Clare replied 3 months ago.

Doe your new partner have their own property?

Customer: replied 3 months ago.
No we are both on the tenancy of the housing association place.
Expert:  Clare replied 3 months ago.

My apologies I was asking about the housing position of your NEW partner - the one you leave the house to be with.

Customer: replied 3 months ago.
My new partner is co-habiting with parents. And has no property.
Customer: replied 3 months ago.
My husband will not leave our property, So if I don't stay there. Does that give him more rights to stay there. Will I make myself homeless.
Expert:  Clare replied 3 months ago.

Right thank you for that

You have a number of legal ways forward - but the starting point is that you need to attend a Mediation Information and Attendance Meeting with a family mediator

www.familymediationcouncil.org.uk

Assuming that your ex will not mediate or co-operate then you have three legal options

The first is to start divorce proceedings and within those apply for a Financial Order; or

You can apply to the Courts immediately for a Transfer of the Tenancy - the form is here

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/2400/D50B.pdf

The third alternative is to make an applictaion using Schedule 1 of the Children Act - although the first two options are the stronger ones

I hope that this is of assistance - please ask if you need further details

Customer: replied 3 months ago.
I didn't think I can apply for divorce as I have disolved the marriage by causing adultery. What are the guidelines please
Expert:  Clare replied 3 months ago.

You can issue a divorce petition based on his Unreasonable Behaviour

Customer: replied 3 months ago.
How much does this cost please?
Expert:  Clare replied 3 months ago.

The Petition fee is £550 but you may be eligible for a fee reduction if you have a limited income

Clare and other Family Law Specialists are ready to help you