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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35214
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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i am separated from my husband and we decide apply for

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i am separated from my husband and we decide apply for divorce which we are happy to do it.
just i have got question after divorce can i stay in his property till i find council property or not?
at the moment i have got top band from council to get house
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 long have you been married and are there any children involved?
Why are you not claiming a share of the property?
Customer: replied 3 years ago.

I have got one son and we do not have any argue about this matter.I do not want to share property because im in the waiting list. Just because of my son situation can I stay in his property or not

Customer: replied 3 years ago.

You did not answer my question.because I hate him and for many reasons I do not want to claim from him.he accept to pay regarding my son I mean child maintenance. Please just answer my question

If you want my answer to be accurate I do need to make sure that I understand all the facts.
for instance if your husband owns the property then you will not get housing benefit for more than six months because you will need to make a claim, on the property
However the simple answer to your question is that whilst you are married you have an absolute right to live in the former matrimonial home.
Once you are divorced you can apply to the court for the right to do so - which will be granted
Please ask if you need further details
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks I undrastand every thing but one thing what's that mean after divorced I can apply to right to do which will granted.

Customer: replied 3 years ago.


Did you receive my reply?

My apologies for the delay.
Once you are divorced you no longer have Matrimonial Home Rights - BUT you can make an application to the court for the right to remain in the property - and you would be given it
Customer: replied 3 years ago.


Thanks for help but would you explain more which application I have complete after divorce to remain in this property till I find accommodation property

has the divorce actually started?
Customer: replied 3 years ago.

Not yet before apply I need more information

Then the simple answer is - do not do so until you have somewhere else to live.
This will be the safest way of protecting your home rights - anything else will be expensive