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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 6981
Experience:  Barrister at law
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I have petitioned for divorce after 25 years. It is not

Customer Question

I have petitioned for divorce after 25 years. It is not amicable, my ex was mentally abusive. I have 2 tenancies one with my son the other on my own as I am disabled. My ex wants one of them. Neither tenancy has his name on it. I am medically retired and have no assets I receive a medically retired pension and PIP allowance. I am petrified I will be made homeless as will my son. My ex works claims he is homeless when he has never been made homeless. What advice can you give?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I’ve filed for divorce if that’s the same?
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I’m in England borough of Waltham Forest
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Petitioned for divorce on the grounds of having lived apart for 2 years. My ex claims he did not receive the petition. Which is not true.
Submitted: 5 days ago.
Category: Family Law
Expert:  plclegal replied 5 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today and I’m sorry that you are going through this.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me - who lives in each of the properties that you have tenancies of? Has your ex lived in one of the properties throughout the marriage?

Expert:  plclegal replied 5 days ago.

Hello. Without the information I asked for, I can only give you a general answer, but I hope this helps. You can always come back to me for clarification if needed.

In general terms, tenancies are considered an asset like any other martial asset. It does not matter if the tenancy is not in the name of both spouses, the court can still consider it a joint asset.

If you have two tenancies, would it be possible for you to retain one and pass the other to your husband?

You will only need one place to live.

Is your son living with you?

The court has the power to make adjustment orders for property (including a tenancy) as part of the divorce. The principle that you both have a somewhere to call home and have equal rights to this would be considered but he court if you could not agree.

I hope that this answers your question?

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Expert:  plclegal replied 4 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter