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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34235
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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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: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month 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 1 month 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 1 month ago.

Who has the day to day care of your son?

Customer: replied 1 month 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 1 month 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 1 month ago.

Doe your new partner have their own property?

Customer: replied 1 month ago.
No we are both on the tenancy of the housing association place.
Expert:  Clare replied 1 month 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 1 month ago.
My new partner is co-habiting with parents. And has no property.
Customer: replied 1 month 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 1 month 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

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

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 1 month 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 1 month ago.

You can issue a divorce petition based on his Unreasonable Behaviour

Customer: replied 1 month ago.
How much does this cost please?
Expert:  Clare replied 30 days 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