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?-How long have you been married?
-Have you divorced?-How old are the children?-What kind of tenancy is it?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Thank you. As you have an assured shorthold tenancy, the landlord can evict you at any time, but must follow the correct legal process. They must first service you with notice, which must give at least 2 clear months for you to leave. After this has expired, there is no legal obligation to leave and the landlord must issue a court application for possession - even when a possession order is granted, you will be entitled to remain in the property and the landlord will need to apply for an eviction notice - this whole process will take at least 4-6 months. Once you have the eviction notice you can approach your local council housing office and submit a homelessness application, and they will assess the reasons for your eviction and homelessness. If it is found that you were not intentionally homeless then they will likely agree they have a duty to assist you in housing.
In relation to your husband, arising out of the marriage you are entitled to seek spousal maintenance and financial relief which will take into account all of your assets and finances to find a fair settlement. As you appear to have the care of the four children, your needs will be higher than his and any financial settlement will likely be more in your favour.
You would also be entitled to seek child maintenance from him which is calculated based on his gross income and how often the children stay with him overnight.
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Yes it does, but if the landlord wishes to seek possession on the basis of rent arrears the process will take slightly longer to evict you amd you would be liable to a possible money judgment/CCJ against you and the local authority will likely deem you to be intentionally homeless if eviction is on the basis of rent arrears and therefore decide not to assist you if you seek help from them to be rehoused.
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