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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34491
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Separation

Customer Question

Hello, I'm writing on behalf of my Mum. She has chosen to separate from her husband of 30 years. The house they live in is owned by my brother and the tenancy agreement is in just my mothers name. Her husband is the bread winner and won't leave the house, after 6 weeks notice. My mother is staying with family and still paying the rent. What rights does she have? Thanks Andrea
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Has there been any violence and why is your mother still paying the rent?
Claire
Customer: replied 4 years ago.
Hi,

No violence, she is on the tenant agreement and wants to still live there.

He also has huge debts in his name, which we are worried about.

Does that help?

Thanks Andrea
Expert:  Clare replied 4 years ago.
Hi
I am afraid that so long as they are married her husband has the right to live in the matrimonial home no matter who is on the Tenancy agreement.
If they cannot reach agreement on who should live there in the long term then it will be for the court to decide - however in the mean time it should be made clear that he must pay the rent whilst he alone lives there
She should try and discuss the long term realities with him using Family mediation (www.familymediationhelpline.co.uk)
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.
As my step farther is the breadwinner does that make a difference?
Expert:  Clare replied 4 years ago.
Hi
That makes no difference to the situation
Claire