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Clare, Solicitor
Category: Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter and her husband look as if they are going to

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My daughter and her husband look as if they are going to break up. They live in a flat but I understand that he put the lease in his name only. Can he force her to leave as they have a 4 half year old and one who will be 2 next month. My grandson needs help at school so she doesn't want him to leave the school he had just started at in September as they need him to have a stable place to go to school. It's a Church of England school. My son in law said she would have to go and I would have to take them in. Can you advise as my daughter is in a fragile state now. Many thanks Mrs Pat XXX

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
May I just check - do you mean that this a Rental property?
Customer: replied 3 years ago.
Apologies yes it's a rented flat. They only moved there a few months ago. My daughter told me today that her husband said she would have to go, his words were 'you can bugger off to yours mothers'.
She has no job and relies on him to provide the income. I know he doesn't earn a big wage and money is probably tight.n
The priority for the Family court is the needs of the children - so in fact your daughter would be able to remain in the property with the children - and if her husband tries to force her to leave then she would be able to obtain a Court Order allowing her to return - and excluding her husband from the property
I hope that this is of assistance - please ask if you need further details
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you Clare, she told him she wouldn't leave and he would have to go he seems to think just because he pays the rent and the lease is in his name she doesn't have a right to stay. the flat is rented through a letting agent locally to them. My daughter wanted my grandson to go to the school near them as he has some issues with learning but is getting on at this school. Another reason not for him to move to another school.
Customer: replied 3 years ago.
Hi Clare, can I tell my daughter that she definitely has every right to stay in the flat and not move . As going to court to be able to stay there won't be a short process, and she doesn't have any money, as I understand you don't get legal aid now for family matters. She will try and stand her ground but at the moment what with being ill over the holiday she is very low. Hopefully he will see sense.
Your daughter has Matrimonial Home rights which allow her to remain in the property - and in gue course she can even obtain an Order transferring the Tenancy into her sole name.
If her ex forces her out she can obtain an Order allowing her to return within days.
Read more here
Customer: replied 3 years ago.

Thank you Clare for your help, hopefully she will be able to sort her situation out with her husband and he will leave and then pay towards the rent and the children too, and she can obtain the rest from the government.

if I need any further help, hopefully I can contact you.



I hope all goes well - do ask if you need further help
Customer: replied 3 years ago.

Thank you