Help! I have no home security if we try again with our marriage.?

Hi. 

Me and my husband separated 7 years ago and I moved out with my eldest son, and he stayed with our 3 other sons. The tenancy is in his name only.

He wants us to try again and I am open to the idea. But I am not willing to move back in unless I have security for me and my eldest son. The problem is I have rent arrears with the housing association that my husband rents from. So I am assuming that they will not allow my name to go on the tenancy. I cant afford to clear these arrears either as I am on benefits.

What can I do? Any help would be greatly appreciated as i dont want to give up my current home and then me and my husband not work out, as i would in be homeless again.

4 Answers

Relevance
  • Foofa
    Lv 7
    1 month ago

    The only way would probably be for him to move to a different place. However, if you can't pass a background credit check no landlord is going to rent to you. You may want the security of having your name on a lease but if you're a bad risk no one's going to allow that. I'd say try to get your affairs in order before you even consider working on your relationship. 

  • Anonymous
    1 month ago

    stay where you are......................

  • Anonymous
    1 month ago

    Your history will most likely prevent you from renting an apartment in your name.  It's that simple.

    Stay where you are or plan the permanent move. Not sure?  Stay where you are.

  • Anonymous
    1 month ago

    If it didn't work before, it's not going to work now. It's not like you didn't give it your all last time. And maybe people do change, a bit, but not that much, not so much that now it'll work when before it didn't. I swear to God, the second you move back into that place, it'll all start coming back to you in a great big flood, like, "Oh, yeah, that's what he's like to live with. That's why I moved out. Oh, crap!"

    The advice you need is: DON'T MOVE IN. It's not: How do I move in as a legal tenant? 

    On that later note, though, you don't actually have to be on a lease to establish legal tenancy.  Just moving in and having your clothes and your stuff there and that being the place that you sleep will make you a legal tenant.  He nor anyone else will be able to throw you out without going through eviction procedures.

    HOWEVER, it's boilerplate for lease agreements to require the lessor to list all tenants on the list. If the landlord finds out someone is living there who is not on the lease, that violates his lease agreement and the landlord would then evict all 7 of you, generally with the stipulation that if the tenants not listed on the lease abandon the property such that only those listed on the lease are living there by the end of the 30-day eviction period, the tenant will be allowed to stay.

    So if you decide to move in, you would very likely be evicted even if your husband wanted you to stay. Like you said, it's unlikely they'll let you sign onto the lease, so they'll say that since you and your eldest son are not on the lease, either you and your eldest son vacate within 30 days or all the sheriff will forcibly remove all of you, your ex-husband, those three kids, you, and your eldest son. You moving in with nowhere else to go would almost certainly leave your ex-husband and other three children homeless, too.

    That means not only is this a horrible idea from a relationship point of view, but it's also a horrible idea from a basic survival point of view. Moving in without signing on, if they won't let you sign on, could easily leave you all homeless. And just how well do you think you and your ex-husband will be getting along if that happens?

Still have questions? Get your answers by asking now.