Hi everyone, my sister has a problem and im hoping someone here can give
some advice. She is married with 2 girls under 10 but wants a divorce as
her husband is both verbaly and physicaly abusive to her and the
relationship has broken down. They live in a council flat and its in
her husbands sole name even though they moved in it together but my
sister has been told that for the council to rehome her she has to make
herself and the girls homeless, surely this cant be right and can the
husband be made to leave the matrimonial home?
Thanks in advance for any help or advice.




-- 
tomcruise

In message , tomcruise 
 writes
>
>Hi everyone, my sister has a problem and im hoping someone here can give
>some advice. She is married with 2 girls under 10 but wants a divorce as
>her husband is both verbaly and physicaly abusive to her and the
>relationship has broken down. They live in a council flat and its in
>her husbands sole name even though they moved in it together but my
>sister has been told that for the council to rehome her she has to make
>herself and the girls homeless, surely this cant be right and can the
>husband be made to leave the matrimonial home?
>Thanks in advance for any help or advice.

It is possible within a divorce where there is violence for the violent 
party to be ordered out of the home. It is also possible, especially 
where this is needed for providing the children with a home, for the 
Court to order that the council tenancy is transferred to the other 
parent. Your friend urgently needs to get advice from a solicitor, who 
can start the process rolling quickly.
-- 
Richard Miller

"Richard Miller"  wrote in message 
news:Aj9gBHfrxKzIFwB9@seasalter0.demon.co.uk...
> In message , tomcruise 
>  writes
>>
>>Hi everyone, my sister has a problem and im hoping someone here can give
>>some advice. She is married with 2 girls under 10 but wants a divorce as
>>her husband is both verbaly and physicaly abusive to her and the
>>relationship has broken down. They live in a council flat and its in
>>her husbands sole name even though they moved in it together but my
>>sister has been told that for the council to rehome her she has to make
>>herself and the girls homeless, surely this cant be right and can the
>>husband be made to leave the matrimonial home?
>>Thanks in advance for any help or advice.
>
> It is possible within a divorce where there is violence for the violent 
> party to be ordered out of the home. It is also possible, especially where 
> this is needed for providing the children with a home, for the Court to 
> order that the council tenancy is transferred to the other parent. Your 
> friend urgently needs to get advice from a solicitor, who can start the 
> process rolling quickly.
> -- 
> Richard Miller
>

Does she require any evidence of abuse?  In my limited experience regarding 
verbal abuse, often the person claimed to be abused is the abuser in a 
relationship.

Another experience is that my ex-wife tried to goad me into hitting her, 
thankfully I never did and she was honest enough to concede that violence 
never took place in the home.

Just that women tend to be believed and are seen as vulnerable and to be 
protected.

I would have thought they were married has a bearing on this with respect to 
a lease?

"tomcruise"  wrote in message 
news:tomcruise.311ee87@legalbanter.co.uk...
>
> Hi everyone, my sister has a problem and im hoping someone here can give
> some advice. She is married with 2 girls under 10 but wants a divorce as
> her husband is both verbaly and physicaly abusive to her

Does she call the Police each time there is physical abuse? If not, why not?

In message <48ccedb6$1_3@mk-nntp-2.news.uk.tiscali.com>, Fred 
 writes
>
>"Richard Miller"  wrote in message
>news:Aj9gBHfrxKzIFwB9@seasalter0.demon.co.uk...
>>
>> It is possible within a divorce where there is violence for the violent
>> party to be ordered out of the home. It is also possible, especially where
>> this is needed for providing the children with a home, for the Court to
>> order that the council tenancy is transferred to the other parent. Your
>> friend urgently needs to get advice from a solicitor, who can start the
>> process rolling quickly.
>> --
>> Richard Miller
>>
>
>Does she require any evidence of abuse?

Absolutely.

>  In my limited experience regarding
>verbal abuse, often the person claimed to be abused is the abuser in a
>relationship.

It can be, yes. To throw someone out of their own home, the Court has to 
have clear evidence of very serious abuse.

>
>Another experience is that my ex-wife tried to goad me into hitting her,
>thankfully I never did and she was honest enough to concede that violence
>never took place in the home.
>
>Just that women tend to be believed and are seen as vulnerable and to be
>protected.
>
>I would have thought they were married has a bearing on this with respect to
>a lease?

It is because they are married that the Court may order a transfer of 
the tenancy.
-- 
Richard Miller

In article <48cd669f$0$2916$fa0fcedb@news.zen.co.uk>,
GB  wrote:
>Does she call the Police each time there is physical abuse? If not, why not?

In the general rather than specific case, I suspect it's because of a
number of things.

Of which the most obvious for me is the slippery slope / boiling frog
effect:

You get slapped or punched or kneed or scratched, and it isn't
hospitalisable and you think that it's just a one-off; your partner tells
you that it's your fault for provoking them; and you think it better
(for the child(ren)) not to make a fuss.

Next time's a bit worse, but you didn't do anything last time, so ...

You'd be amazed how long that can keep you from doing anything about
the problem.

8-(

-patrick.