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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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My husband has lived out of the family house since 31st

Customer Question

My husband has lived out of the family house since 31st March and was banned from staying out of the house due to bail conditions, however within that time he spent two nights at the property to look after the children whilst I was away with work on 25th and 26th April. His bail conditions ended on 4th May and he is staying at his Mothers.
He is threatening to move back into the property, however I have heard that if has been out for more than six weeks, the law states he cannot move back in. Do those two nights have an effect on the six weeks?
Thank you,
Cheryl
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.
How did he come to return ?Surely you knew he was on bail conditions?
Customer: replied 6 months ago.
The police officer agreed that he could stay at the property as I was working away and it was in the best interest of the children, therefore I had no choice.
Expert:  Jo C. replied 6 months ago.
In that case it would have an impact Im afraid. He has just plain not been away for six weeks.There is no way around it.They would not remove him from the tenancy agreement on this basis anyway. He hasn't abandoned the property. He has been kept away by bail conditions. That is entirely different and not his fault.Sorry but that is the reality. The days have gone when people were evicted on this basis.Can I clarify anything for you?Jo
Customer: replied 6 months ago.
It was his fault as he attacked me, hence the bail conditions of staying away from the house whilst I was in it.Can you confirm that if he is away from the property for six weeks following the last time that he stayed overnight at our house (we co own it and currently share a mortgage) that I can prevent him from moving back in? I don't feel that you have completely answered my question in your previous response.Thank you for your help.Cheryl
Expert:  Jo C. replied 6 months ago.
That does not amount to abandonment.If he returned in April then he hasn't been away for six weeks.I'm really sorry but you cannot get him out of a mortgaged house by use of bail conditions.
Customer: replied 6 months ago.
Sorry Jo,Please can you answer the question that if he moves out for six weeks following the end of the bail conditions I can prevent him moving back in?The plan is that he moves into our jointly mortgaged flat on 30th June for at least six months. I just need to understand my rights and was hoping he wouldn't be able to move back in or make me sell the property.Thank you.
Expert:  Jo C. replied 6 months ago.
I did answer that and no you cannot.It is a mortgaged house and he has every right to return and if you seek to prevent him he can get access and sue you for the cost.You can't get him evicted on this basis.

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