joint tenancy and seperation - new use. Pls HELP!

have just registered in the hope someone can help or put my mind at rest.
Story goes like this...moved in to my then-partner's housing assoc prop following a divorce from my children's father in approx march 06. After we married in Feb 08, it became a joint tenancy with my two daughters listed as living with us. In october 09 we exchanged to a council property where the tenancy was in joint names, again with my two daughters.
Since moving here in october 08, my husband has not worked, not looked for work etc but has relied on me to pay every single bill, rent etc - even his car tax and spending money. I have spent all my own personal savings on supporting us and home improvements - new kitchen, conservatory. He knew that i would not let the bills and rent payments get behind.
My husband informed me on numerous occassions he did not want to be married anymore and has been verbally abusive towards me and my daughters. He has been very intimidating. A couple of weeks ago he told me that he hated my daughter (calling her a very offensive name), hated living here etc etc. I asked him to move out which he agreed and did. He said he would give me a letter for the council stating that he no longer wanted the tenancy (which he did) in return for a digger and trailer I owned worth £12,000. I agreed to this for a quiet and acrimonious free time. The council agreed to this change of tenancy and had initiated the paperwork. All was great - my daughters and I relaxed and happy.
Then this morning at about 8.30am he turned up barged his way in and informed me he was moving back in. he was abusive, threatening verbally and very intimidating. he informed me he would not return the digger/trailer to me.
I assume what has sparked this is that he received a letter from the council outlining the tenancy change. It prob said something about not being obliged to rehouse him if he had given up the tenancy voluntarily.
Unfortunately I was very scared and called the police. They were not of much use, informing me they could do nothing as house in joint name. They did advise however that he (and me) could not take things from the property - but they made no attempt to make him return the digger and trailer and allowed him to take a valuable picture of mine. The picture was a wedding gift from my parents which he knew I loved - because it was given to us both is the reason he took that rather than my jewellery.
He was 'persuaded' to not return today but willl obviously be back tomorrow. Police made us agree to visit council offices at same time tomorrow (though not together) and this i will do in the morning.
My husband has said he will fight for me and my daughters (aged 8 and 15) to be removed from the property in favour of him - he says because he had a council property first and that is the only reason i have one. He has said he will move his three boys in (aged 15, 17 and 18) in if they state it would be under-accomodated. This house is tiny (two box rooms and my bedroom).
Is it really viable for me to have to live with him until its sorted. He has said he will sleep in my bed etc. it is not possible that i move out - firstly i do no want to as i have spent a lot of time, mnoney and effort making this home and it is the security for my children.
So my question to you, is it likely he will get this house over me? Can they make me move out? What happens in the meantime - i cannot support him again et he'll make no financial contribution whatsoever as he knows i'll keep on paying.
please help!!!!!!!
any advice, reassurance etc gratefulluy received.

Hi SP. In a word, non molestation and occupancy orders. I think this is what you need. I would go and see a solicitor asap and see what you can do. I dont know the merits of his case in regard of the tenancy. I think you need legal advice. You could contact the housing association and ask them what there view is. Sorry I couldnt be more definitive. I dont have any exp in respect of rented property. C.

Hi sadperson,

Your situation sounds awful! It does seem that you need Legal Advice and very quickly.

Hoping that you can get it resolved and very quickly.

thank you so much. saw the council who were fab and had an emergency hearing in court for a non molestation order which was granted. went into a refuge until that was served. will return to court next week for an occupancy hearing. Fingers crossed it'll go in my favour. I have two children listed on the tenancy who are not his, they are happy and settled at their home. council say they would favour me as a tenant but unable to get involved in the court process.

Sadperson,

I was going to advise you as you have done.

Councils have a duty to work in partnership with other agencies e.g. Police. They also have their own anti-social behaviour units. Make sure, IF you genuinely feel threatened,and your post suggests you do, to report the incident to Police. All now have specialist units ( of various names) dealing with domestic violence and hate crime. You need to have a record made of this episode. There is a positive arrest policy which, I hate to say, sometimes backfires, as victims of DV feel it will make matters worse. Should a Police Officer say it's nothing to do with Police( there are a few dinosaurs still around!) quote RvC, a stated case where a successful prosecution was made despite a reluctant victim. I have to say it's legislation I feel uncomfortable about for professional reasons, however it may work for you

life is never simple.
returned from the refuge after confirmation given that he had been served the non-molestation order only to find an attempted (but failed fortunately) break in to the house. Locks all busted. However, did break into shed but never took anything. This was most certainly done after order served as my father in law checked property at about 7.30pm and all ok. Returned at 11.00am this morning to find chaos. This is his way of saying 'watch out'. police obviously came. however, as no witnesses cannot prove in a magistrates court was him however, will be able to use in county court. I would bet my life it was him/associates of his. Am sitting here terrified.

Locking this thread as it is a duplicate of this thread - www.wikivorce.com/divorce/Divorce-Forum/...paration.html#168811