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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2528
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How can I stay in my husbands house- he is the sole tenant

Resolved Question:

How long can I stay in my husbands house- he is the sole tenant of the rented house?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
The tenancy is an AST and from what I can see there is nothing about how long guests or visitors can stay.
Do I assume as it's not mentioned specifiable that it's not a problem to stay over ?
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-Do you have any children together, if so their ages and proposed arrangements?
-Who is now living in the property?

-Are you still married to him?

Customer: replied 11 months ago.
In response to your questions:
In England
No children
Still married to my husband and my husband is currently in the house alone
Expert:  Harris replied 11 months ago.

Thank you for your response and apologies for the delay in writing back.

As you are married and have not divorced you have matrimonial home rights to the property. This means that even though the tenancy is in his sole name you have a right to occupy the property until divorce and he can only exclude you if there is a court order preventing you from returning. You are not considered a "guest" if you return given that it is the former matrimonial home and you remain married to him and it does not need to be specified in the tenancy.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 11 months ago.
Thank you for your response. As the AST is a 6 month rolling tenancy should I asked to be named as a permitted occupier or does that not really make a difference?
Expert:  Harris replied 11 months ago.

No worries - as you are married you do not really need to be included as a permitted occupier because under statute you are considered a permitted occupier by virtue of matrimonial home rights until divorce or if your husband obtains a court order to exclude you from the property.

Customer: replied 11 months ago.
Final question (sorry). So the Lanlord shouldn't have an issue with me staying at the rented property with my husband even though I am not named as a tenant?
Expert:  Harris replied 11 months ago.

If the landlord attempts to remove you from the property you will need to inform him that you have matrimonial home rights by virtue of the marriage and he should seek legal advice about it.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2528
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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