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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34903
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My partner is wanting to take up the tenancy in my buy to

Customer Question

My partner is wanting to take up the tenancy in my buy to let property is he allowed to do this we are not married or related in any way, I may want to move in with him in the future as I'm going through divorce but the tenancy will be in his sole name.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Does he wish to claim housing benefit?

Customer: replied 1 year ago.
No he is in full time work no housing benefit. My hope is that if the tenancy is in his name can I move in with the children till my divorce is finalised it is s buy to let property. Thanks christine
Expert:  Clare replied 1 year ago.

Why can you not just move there with the children anyway?

Customer: replied 1 year ago.
It's a bit to let property in my name so to get around that my partner would have to put the tenancy into his name
Customer: replied 1 year ago.
Buy to let
Expert:  Clare replied 1 year ago.

Ah I see

And afterwards?

Customer: replied 1 year ago.
We would then have my divorce finalised and either sell or transfer it over to a normal mortgage together I just want the children settled and this was the family home originally
Expert:  Clare replied 1 year ago.

In that case there is no cause for concern in term of letting the property to him.

However it is not unusual for family members to rent in such circumstances and I have never known of conditions that prevented it!

My only concern would be the issue of whether you are allowed to live there or not.

You must read the small print very carefully especially if your ex is likely to be reporting you if you are not.

Please ask if you need further details

Customer: replied 1 year ago.
My ex is living in another buy to let property we own, I just wanted to know the legalities if the tenancy is solely in my partners name could the mortgage lender dis allow me from moving in I would not be on the tenancy so is it not up to my partner what he does in that tenancy I'm just trying to cover all angles as it could leave me homeless
Customer: replied 1 year ago.
Hi did you get my reply thanks christine
Customer: replied 1 year ago.
I was waiting for a reply thanks christine