Seperation/Divorce - Council Tenant

jamiewduffy

Looking for information in relation to seperating in Ireland and the effects such has on primarily property.

If a person (wife) has been seperated from their spouse for the previous six years and have been in receipt of a one parent family payment for any dependants during this length of time, including living separately in different dwellings where does one stand on getting a legal separation or divorce.

The estranged spouse (husband) in question was imprisoned for three years and then went on to live at a friend's property upon their release from prison in 2014. The property in question is now going on to be sold so the spouse no longer has any reasonable accommodation apart from several offers where they can sleep on a sofa from family and friends.

The primary carer of the children (wife) lives in a council house where both the current tenant and the estranged spouse entered into a joint tenancy several years before the marriage deteriorated due to the imprisonment. The husband's name was never officially removed from the tenancy agreement as he refused to sign documents stating he wished for his name to be removed. Although the wife did manage to achieve to have him removed for means testing purposes in relation to rent by acquiring letters to the effect that he was indeed imprisoned and upon his release that he was resident elsewhere.

He is now insisting that he has a legal right to live in the property and the wife cannot do anything about it until he finds reasonable accommodation to live in and until such time she and her children will just have to put up with him residing within the family home where he is neither wanted by the wife or children. Such a scenario would inflict serious emotional stress and financial difficulty on the family due to the rules in relation to one parent family payment on both parents residing together.

How does one go about having him legally removed from the tenancy contract (Dublin City Council) and removed from the home.

Also how does one go about achieving a legal separation or divorce. As there is no possibility of a reconciliation and things have now turned terribly sour. I believe it is in the best interests for both parties to proceed with a divorce.

Any information on the matters raised would be greatly appreciated. Apologies for the long text.

Gatling

They need to Talk to the housing department first and foremost and explain the situation

Jamaican Me Crazy

Housing department immediately as that living situation would be intolerable for all concerned.

The woman can bypass legal separation at this stage if she can somehow prove that they are separated for 6 years (separation of finances should be sufficient and whatever documents she got from DCC and SW showing she was a single parent) and then she needs to apply to the Legal Aid Board so she can get legal representation if she can't afford it privately.