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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are separating. We are married with 2

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My husband and I are separating. We are married with 2 children. We were renting a house for 4 years, with the tenancy being in his name, and myself listed as a permitted occupier. During the separation my husband agreed to move out of the rental home, he notified the landlord and cancelled all rent and utility payments. The landlord and I agreed (via email) that he is happy for me to remain the tenant of the property. My husband left (he went to Germany), but then came back, insisting that he has rights to be in this property. He does not contribute financially to covering any of those expenses, nor does he say when he is ready to move out. At this stage, I want to know:
1. whether I have the right to evict my husband
2. given that the tenancy has not been officially transferred to my name, whether I have the right to stop paying the rent on this home and find myself and the children another home to live in. In this case, will he be left responsible for the property we are currently occupying?
Customer: replied 1 year ago.
3. What action would you advise to take?

Hi, thanks for your question. Please confirm if you are in England or Wales?

Customer: replied 1 year ago.
England, London

Thanks for confirming. As the tenancy has not formally transferred to your name and the property was the former matrimonial home your husband has a legal right to return and occupy the property. You also have home rights arising out of the marriage and therefore are entitled to continue occupying the property.

As you are not a tenant or landlord you cannot "evict" him from the property and you have no legal obligation to pay the rent as you are not the tenant.

In the circumstances, if there is a risk of violence or abuse you can consider applying to court for an occupation order which will prevent him from returning to the property - this can be done using form FL401 to your local family court.

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 your question without a positive rating. Thank you

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