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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16012
Experience:  I have been practising for 30 years.
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I am separated from my husband. And have been for the past

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Good morning. I am separated from my husband. And have been for the past Seven months. We were in rented accommodation. Which he stayed in. And I took some of my belongings with me. However, there is a strong possibility that he might. Have a custodial sentence. And has. Not being able to have any contact with me. I've heard by his brother that he wants to know what I am to do with the rental etc. I am not on the rental agreement anymore but I do still have Some belongings there. What exactly happens legally if my husband does go to prison, will I be liable for anything that he hasn't sorted out beforehand? Regards
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: he lives in Derbyshire I'm in London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just what the situation will be legally
Customer: replied 2 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 2 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Good morning. I will assist with your question - be aware this is an email not chat service.

so your name is ***** ***** tenancy?

what sort of things are you referring to - bills? council tax?

have you seperated now?

Customer: replied 2 days ago.
Name not on tenancy
Customer: replied 2 days ago.
Personal belongings
Customer: replied 2 days ago.
Separated since last October
Customer: replied 2 days ago.
If he puts everything into storage will I have access to it? How will he pay for the storage as well?

I’m not certain what you are asking here or what the problem is.

I also not clear on the facts.

You are not responsible for your husband’s debts.

Your name may not be on the tenancy agreement but it’s the marital home and therefore you are free to come and go as you like. You actually don’t have any liability for rental under the terms of the agreement but you do have a liability if you are in the property and he doesn’t pay and you remain when he has in effect moved out.

If you want to remain in the tenancy and the landlord is unwilling, you can apply to court for an occupation order which will replace you on the tenancy agreement but it will only replace you on the tenancy agreement until the landlord gives you notice.

If your husband spirits everything away including all your belongings and furniture et cetera and he won’t give you a key, you can make an application to court for an injunction to make him give you a key and if these are things which are essential to life, then you can make the application on an emergency basis and have a court order in a couple of days.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


F E Smith and 6 other Law Specialists are ready to help you
Customer: replied 2 day ago.
Thanks Fez for the information. My husband had pleaded guilty but has to go back on 14th July. We’re not allowed any contact so although he has told his brother that they are threatening at least a 3yr sentence, I don’t know if that’s what he will get. Does the accused get to know that he will be in prison before the sentence date?