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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34126
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner is wanting to take up the tenancy in my buy to

Customer Question

My partner is wanting to take up the tenancy in my buy to let property is he allowed to do this we are not married or related in any way, I may want to move in with him in the future as I'm going through divorce but the tenancy will be in his sole name.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Does he wish to claim housing benefit?

Customer: replied 11 months ago.
No he is in full time work no housing benefit. My hope is that if the tenancy is in his name can I move in with the children till my divorce is finalised it is s buy to let property. Thanks christine
Expert:  Clare replied 11 months ago.

Why can you not just move there with the children anyway?

Customer: replied 11 months ago.
It's a bit to let property in my name so to get around that my partner would have to put the tenancy into his name
Customer: replied 11 months ago.
Buy to let
Expert:  Clare replied 11 months ago.

Ah I see

And afterwards?

Customer: replied 11 months ago.
We would then have my divorce finalised and either sell or transfer it over to a normal mortgage together I just want the children settled and this was the family home originally
Expert:  Clare replied 11 months ago.

In that case there is no cause for concern in term of letting the property to him.

However it is not unusual for family members to rent in such circumstances and I have never known of conditions that prevented it!

My only concern would be the issue of whether you are allowed to live there or not.

You must read the small print very carefully especially if your ex is likely to be reporting you if you are not.

Please ask if you need further details

Customer: replied 11 months ago.
My ex is living in another buy to let property we own, I just wanted to know the legalities if the tenancy is solely in my partners name could the mortgage lender dis allow me from moving in I would not be on the tenancy so is it not up to my partner what he does in that tenancy I'm just trying to cover all angles as it could leave me homeless
Customer: replied 11 months ago.
Hi did you get my reply thanks christine
Customer: replied 10 months ago.
I was waiting for a reply thanks christine