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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35071
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 need to complete an application form but don't know what

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I need to complete an application form but don't know what form or where to get it from, to have our joint council property awarded to one of us as our decree absolute is due the beginning of February. We are doing our divorce ourselves. The council will not do anything to rehouse one of us until a Judge has awarded the property to one of us. Can you advise please?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are you both and are there any children involved?
What efforts have you made to agree which of you should remain in the property?
Customer: replied 3 years ago.

Hi Clare

I am 44 and my soon to be ex husband is 61. There are no children involved at all.

I would like to stay in the property because it is my home and I work in Ipswich. My soon to be ex husband also wishes to stay because it is his home as well and he has to live in Ipswich because of the terms of his employment. My soon to be ex husband has told me I have to move out because it is my decision to end the marriage.

Ipswich Borough Council have stated that because we have a joint tenancy agreement we cannot kick the other out and the only way to resolve the issue is for a judge to award the property to one of us. Then the Council will rehouse the other one.

As we are doing the divorce ourselves and only have a couple of weeks to the decree absolute I need to know how to get the judge to award the property to one of us. I did phone Southend Court as was informed there should be an application form to complete but they couldn't tell what it is called or where to get it from. I have tried for days to get in contact with the citizens advice but cannot get through to them. Hence I have come to you.

Kind regards


The application that you need to make is an application within the Divorce proceedings.
You will first have to attend Family mediation
as this is required prior to any application being made.
Once that has been done you have two choices
You can use the form here
to deal with just the tenancy
or the form here
to deal with all the financial issues
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