Legal Question in Family Law in United Kingdom

Re: Divorce

You will appreciate that it is only on divorce that a court can intervene between married couples and order a division of matrimonial assets. The first question must therefore be whether an immediate divorce is available by way of establishing the irretrievable breakdown of the marriage by either the fact of your husband's adultery or unreasonable behaviour. If either of these grounds are available you are entitled to an immediate divorce whereupon you can ask the court to order the sale of the property and award an appropriate share to you.

If an immediate divorce is not possible there are certain steps you should take including severing the joint tenancy over the property. If your husband's income is greater than yours you will be able to claim maintenance to assist in obtaining alternative accommodation. I do not think that a council flat would be made available for you.

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Andrew Dutton

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