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Transfer of Tenancy

Posted by Mamami 
Transfer of Tenancy
December 26, 2020 10:14PM
I got my decree nisi in Aug. 2020.

Currently i stuck under one roof with my STBX as we are joint tenants to a council flat, he refused to move out. I have a court hearing in Feb 2021 on the issue of transfer of tenancy which will be the final hearing. I want to apply for decree absolute ASAP but Do I need to wait until the final hearing is finished. As I applied to transfer the tenancy in the proceedings of divorce, I am concerned the court will not make the order once the divorce is done.
Could you please let me know if I can apply for decree absolute now.
Re: Transfer of Tenancy
December 27, 2020 12:49PM
Whether your husband can prevent you applying for decree absolute until such time as the financial issues arising from the marriage are formally and finally resolved depends upon whether he would suffer prejudice as a result of decree absolute being granted earlier. Such prejudice can take many forms. Bearing in mind that the hearing is in February it is hard to understand what difference a relatively short delay makes.
Re: Transfer of Tenancy
December 30, 2020 11:09PM
Many Thanks for your reply.

To my understanding, you think I should wait until end of February to apply for Decree Absolute.

My STBX is against the transfer of tenancy by saying we are still married until the Decree Absolute has been granted. The fact is the order can be made by Judge after the decree nisi has pronounced.

He demands 50/50 children’s custody ( my son is 15, my daughter is 9) and clean break to protect his future earnings as the condition to agree to the divorce. But the divorce did go through when he was lying in court and judge allowed me to apply for Decree nisi afterwards. So you can see he has no reason to prevent the Decree Absolute to go through if I apply for it.

He has been living on me for the last few years and did not pay any rent until my first hearing regarding transfer the tenancy, when the judge told him he should pay the rent. He started to pay half the rent, but the other bills are still on me.

As long as I have a job, I can support myself and my children. So I would like to push forward without applying for financial orders. But he threatened me that if i do not accept his proposal of 50/50 shared custody and clean break he would apply for the court to ask me to pay his legal cost.
Well, I just have to wait and see.

For a marriage last 20 years, I know he has tired to hide his money under his mum’s name to prevent me reaching it. I will be obliged to mention the subject that he would not like to mention in court . But since I still stuck under one roof, I am concerned my safety if I reveal his secret. So I would like to walk away without any financial preset in place. But I will keep the right to claim financial order just in case.
Re: Transfer of Tenancy
December 31, 2020 06:04PM
>>you think I should wait until end of February to apply for Decree Absolute.<<

Not exactly but bearing in mind that the end of February is not far away there doesn't seem to be any obvious reason not to wait. For what it is worth whether a person is entitled to decree nisi has nothing to do with when that person can apply for decree absolute if the other can show some sort of prejudice.
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