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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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hi my wife and i, had an argument, in the heat of the moment

Customer Question

hi
my wife and i, had an argument, in the heat of the moment i hit her! unforgivable i know.
she called police, who took me away and cautioned for common assualt.
my wife spoke to a domestic violence case worker. she has now left the property to live with her sister and wants a divorce.
we have a joint tenancy secure! renting from council .
she has agreed to give it up to me, as she no longer wants to live thier even though i have offered it to her.
she said she will present her self to stoke on trent council as homeless due to domestic violence issue.
i have only hit her once in our 6years of marriage, hardly domestic violence.
my question is can the council eveict me from the flat if she goes to them and accussed me of domestic violence, i have said to our housing officer that she left the property and i would like to be sole tenanat they told me to go to court for flat and and pay for the divorce also. am benefits cant afford the process. any advice would be appreciated? can they evict me? we got the in flat 2009 so i know its secure:
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

They may be able to bring proceedings against you. Have a look at you tenancy agreement to start with and see if there is clause dealing with this situation. If you do not have the tenancy agreement then look at the Councils' website to see of there is a copy of a standard agreement there and also what their policies on domestic violence are. Which Council is it?

JACUSTOMER-tav52cdd- : Hammersmith and Fulham council.
JACUSTOMER-tav52cdd- : Hammersmith and Fulham council
JACUSTOMER-tav52cdd- :

the tenancy agreement says they may take action against me . vague answer

JACUSTOMER-tav52cdd- :

how do i protect my self from slander and defamation of character?

JACUSTOMER-tav52cdd- :

can the council evict me and make me homeless if they believed her story?

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 781
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
The Council cannot evict you on the basis of this one incidence.
Your major concern should be that the Council may insist that your wife applies within divorce proceedings to have the property transferred into HER name
You can start the divorce whenever you wish - if you are on benefits you are entitled to fee remission so there is no cost involved
Please ask if you need further details
Clare
Customer: replied 2 years ago.

hi

thanks for your reply

if am on benefits can i get legal aid to divorce my wife! who has left council property to me
(secure joint tenancy) all amicable, not contesting me on flat or money since am on benefits.

Expert:  Clare replied 2 years ago.
HI
Legal Aid is no longer available in these circumstances - you will need to deal with the matter yourself
https://www.gov.uk/divorce/file-for-divorce
Clare

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