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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The judge decided to NOT grant delay/ set aside decree

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the judge decided to NOT grant delay/ set aside decree absolute
i have another brief question for you regarding our joint tenancy agreement and whether i am advised to discuss with my landlady to transfer rental contract into my name

Thank you, ***** ***** bit more information required:

-What type of tenancy agreement is it?

-Does your spouse remain living in the property?

Customer: replied 1 year ago.
OK . yes we still live same house (though my ex abroad a lot), its standard joint tenancy agreement 8weeks break. seperation is THE burning issue. my wife refuses to move out. we are renting for 10yrs (joint tenancy) a fantastic 3bed house and extremely low priced oppisite my son's school, all his friends etc. my landlady owner (lives nearby), i get on well with her/ not met in a year+. tried everything to propose to my ex to rent her an appartment nearby (ie incorporate in financial order). plus she rents aptm (in her name) in germany where she goes frequently. she doesnt agree to anything. she is abroad currently for another week. suppose i should not change locks or remove her belongings etc. is it advised to talk to my landlady about the situation and whether she might agree to change the tenancy agreement into my name. the only alternative i see is to terminate the tenancy agreement. For my son this would mean tremendous change and costs- the rental situation here is extremely difficult. my consultant salary wouldnt allow me to rent two appartments in the area (SW london)

Thank you. Firstly, as your wife is a joint tenant on the tenancy, you cannot change the locks or remove her belongings as she has a legal right to live in the property unless evicted or a court order excludes her from the property. You could potentially give notice to quit yourself, thereby ending the tenancy and the landlady can consider issuing a new tenancy in your sole name. If it is transferred into your sole name your wife will have a right to occupy the property until decree absolute.

Otherwise, you could consider an application to court in relation to transfer of tenancy using form D50B and a £155 court fee to your local family court.

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