I was recently divorced from my wife of 3 years. I live in a rented apartment from a housing association. She is not listed on the lease. During the proceedings, she was advised by her solicitor (legal Aid) that she could get the apartment. She eventually rented an apartment seperately, and I pay £300.00 child maintenance. She constantly threatens that she will go back to the solicitors, get the flat and throw me out in the streets. Is this possible? I moved there in 2000, five years before we got married.
Well anything's possible, but it's highly improbable.
As she now has alternative accommodation I can see no justification for you being ordered to vacate the flat just to let her move in.
Legal Aid is discretionary, and will only be granted if there's a genuine need. I can't see, from what you've said, that it would be granted in this situation.
she might use the fact that she's using most of her student bursary as rent, thereby leaving her out of pocket, and also because our son, who also stays with me on certain days, shares the apartment with her. Its a studio flat.
OK, I 'd assumed it was a similar flat.
She would have to pay rent anyway even if she got the flat back, so that argument wouldn't hold much water.
If the accommodation's totally unsuitable for her and your son that would certainly strengthen her claim, but a court would want to see that she'd exhausted the possibility of getting a more suitable flat before they would transfer your tenancy to her.
I would have thought that she would be a high priority case for re-housing, so by the time it got to court the council would probably have found her a better alternative anyway.
Family solicitor with over 25 years' experience
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).