Domestic distress

I need to leave my violent partner and sell the home we live in. Will it be possible for me to rent somewhere else and claim housing benefit as he refuses to leave the house? I have mental health problems and can't work so even if he did leave, I wouldn't be able to pay the mortgage. The house is in my name but as he has always paid the mortgage, he feels he is entitled to stay.

It sounds like you're been having a tough time recently. You must start to seriously consider if it's safe to continue to live with your partner. If you are experiencing domestic violence or abuse then you may need to leave your home immediately. The following organisations may be able to provide emergency advice or help:

• Women's Aid - telephone helpline for women experiencing domestic violence on 0808 2000 247;
• Shelter's free housing advice helpline - telephone helpline for people who are homeless or having housing problems on 0808 800 4444.

Women who become homeless because of violence or threats may be able to get a place in a refuge. Women's Aid may be able to provide you with a refuge space. The addresses are kept secret to protect the women who live there and male visitors are not usually allowed. If you don't feel safe in your own area, you may be able to go to a refuge in another part of the UK. If this is not what you want they will offer advice and support about your other options.

If it's not safe for you to be at home, you may be considered homeless and you can make a homeless application to the local council. You don't have to be sleeping on the streets to be homeless. Even though you own your own home the council have to consider that you might be homeless because it's not reasonable for you to live at your home due to your partner's violent behaviour. But, because you still have legal rights to remain in your home, the council may say that you are not homeless. If this happens get advice from Shelter's advice service directory as soon as possible.

Anyone who is homeless or is likely to become homeless within 28 days has the right to ask the council for help. The housing department has to give you advice and help to find a place to live. It may have to provide you with emergency housing and may also be able to provide you with somewhere to live in the long-term, but this will all depend upon your circumstances.

The council will look into your housing situation to decide what help it has to give you. This is called making a homeless application.

Applying as 'homeless' is not the same as putting your name on the waiting list for a permanent council home. Make sure the person you speak to understands that you need help immediately because you are homeless and that you want go on the waiting list as well. You can use Shelter's free on-line assessment to find out what help you may be entitled to from the council.

Although you say your partner will not leave your house, you have the right to exclude him from your home as you are the sole owner. He may be able to show that he has a financial stake in the property as he has always paid the mortgage, however he would need to go to court to prove this. You might be able to get a court order (an injunction) to force him to leave. The injunction could order him to:

• stop being violent;
• stay away from your home;
• stop contacting you;

If he doesn't stick to the injunction, it is a criminal offence and he could be arrested.

To help you make your next move, think about getting help with this from a local advice service. An advisor may be able discuss all your options and help you deal with the council. They may also be able help you challenge any decisions the council make that you think are unfair.

Updated: 24/09/2008

Question answered by Shelter