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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1921
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I want to go separation and get rehoused how do I go about

Customer Question

I want to go for a separation and get rehoused how do I go about this on the grounds of his affair?
Submitted: 7 months ago.
Category: Law
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-Are you married, if so for how long?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 7 months ago.
I am in England, i'm 53 he is 63. 11years married. No children together. I have a works pension he has none. No assets together. No joints accounts together.
Expert:  Harris replied 7 months ago.

Is the current home owned, or rented and in whose name and who is living there now?

What is your pension pot worth?

Customer: replied 7 months ago.
It is rented, just me and him is living there.and it's in both our names my pension is a council pensign, I don't know how much it's worth.
Expert:  Harris replied 7 months ago.

So it is a state pension and not a private pension?

Is the property a council tenancy or private tenancy?

Customer: replied 7 months ago.
Private teanecy
Expert:  Harris replied 7 months ago.

Will he admit to adultery?

Customer: replied 7 months ago.
No
Customer: replied 7 months ago.
I just want to be rehoused.
Expert:  Harris replied 7 months ago.

Do you have any health needs, physical or mental?

Customer: replied 7 months ago.
I have blood pressure and I just come out with eczema with the stress.
Expert:  Harris replied 7 months ago.

Thank you for confirming, and apologies for the delay in responding.

You will be able to apply for a divorce under unreasonable behaviour and you can state the affair as the fact of unreasonable behaviour.

However, in relation to rehousing this will have to be done privately as the local authority are unlikely to deem that they have a duty to assist you as you do not have any serious health conditions that put you in priority need.

If you are unable to meet your reasonable needs then you are entitled to apply to court under Form A once the divorce is issued for spousal maintenance from your husband to support you.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1921
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Is my time up
Expert:  Harris replied 7 months ago.

What further can I assist with?

Customer: replied 7 months ago.
If I can get proof that he is having affair what will happen with the law?
Expert:  Harris replied 7 months ago.

It will support you in your application for divorce, however it will not allow you to be rehoused. The only option you can proceed with is to apply for a transfer of tenancy for the private tenancy to your sole name. However, as it is a private tenancy, you have no security of tenure and therefore it may be easier and more straightforward to attempt to find your own accommodation.

Customer: replied 7 months ago.
Would I be able to get a supporting letter,to get rehoused, cause it's like mental torture not speaking to one another?
Customer: replied 7 months ago.
Living separate lives now
Expert:  Harris replied 7 months ago.

You can request such a letter from your GP, however it is extremely likely that the housing association will not deem you in priority need and will only offer to assist with any deposits for a private tenancy if you are unable to afford this yourself.

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