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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35058
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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Joint Tenancy to Sole Tenant

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Hello, I have a joint tenancy with my husband through a housing association - we no longer get, on our marriage is in an irretrievable state - how can I get him to leave the home & have the tenancy in my sole name - so myself and our son ( 11 years old ) can remain in the house - I have just requested divorce form ( d8 ) and when it arrives I shall be filing for a divorce - my husband states he will not leave unless he has to legally - the atmosphere in the house is extremely unhealthy for us all .

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has there been any Domestic Violence?
Customer: replied 4 years ago.

Verbal name calling and he has spat in my face a few times

I am afraid that your husband cannot be forced to leave the property immediately unless there is a Court Order as the result of Domestic Violence
However as soon as the Divorce Petition is issued you can apply to the courts for the financial issues to be dealt with and seek a Transfer of the Tenancy
This is likely to be granted at which point he will have to leave
You should try and discuss matters with your ex using Family mediation ( in the hope that he will understand that the court process will cost him money for no result
I hope that this is of assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you