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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 32994
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi,I am sharing my Housing Association house with my estranged

Customer Question


I am sharing my Housing Association house with my estranged husband and have been continuously for 7 months.

I have been living in the property for 18 years, he moved in with me nearly 6 years ago, we were married in Aug '09.

I ended the marriage in Sep 13, and requested that he moves out of the house but he's still there. I have moved the date for him to be out by, several times.

My question is, as a sole tenant, can I remove him and his possessions and change the locks, preventing him re-entry into the house?
Also, if he continues to move out, can I terminate my tenancy meaning we both have to leave?

Thank you

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you started Divorce Proceedings yet?
Customer: replied 2 years ago.

Hi Clare,


As yet I haven't, but am going to start proceedings next week.



Expert:  Clare replied 2 years ago.
I am sorry but he has an absolute right to remain in the Matrimonial home so long as you are married unless or until there is an Order excluding him either as a result of violence or because the Court has decided that you are entitled to remain there alone within the Financial side of Divorce proceedings
The court has the power to decide which of you should remain there - and to Order the Transfer of the Tenancy in the unlikely event they decide that he should do so
You can negotiate this using Family mediation ( or you can make a n application to the court for the financial issues to be considered once the divorce proceedings are underway.
I am sorry that I had to give you bad news - but this is very basic family law I am afraid
Please ask if you need further details

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