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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5413
Experience:  Dual qualified Solicitor and Attorney
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L married and my husband has his mate living in the property

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Hi l married and my husband has his mate living in the property which I paid 10k to add my name onto property...no contract just VERBAL agreement with mate. I own half of the house and he takes all the rental income...2years ...I want to get rid of tenant what must I do legally to get rid of him?
JA: Where are you? It matters because laws vary by location.
Customer: Kent
JA: What steps have you taken so far?
Customer: Just spoken to police said I need legal advice it can be seen as squatting...still need legal advice
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No just what do i need to do to get rid of tenant legally? No contract and he rents room in our 3bedroom property

Hi thank you for your message, you would need to give him a s21 notice with 3 months notice at the moment. And you cannot legally evict him at the moment so if he stays beyond the notice period you cannot currently get an order to evict him.

Customer: replied 8 days ago.
Although I own and live in the property and get no income and pay the mortgage I cannot evict as there is only a VERBAL agreement between him and my husband?
Customer: replied 8 days ago.
My husband takes all the income!
Customer: replied 8 days ago.
Do I not have more rights living in the property?
Customer: replied 8 days ago.
I remember when I am married my husband could throw me out as I wasnt on the mortgage...I am now half owner and you telling me a tenant without a contract has more rights than a wife!!!???
Customer: replied 8 days ago.
I paid 10k to get myself onto the property and now I get no income from this tenant and you telling me I cannot evict this man from this property
Customer: replied 8 days ago.
I dont want to live with him in OUR HOME AS IT WAS MADE BEFORE WE got married and now I am to put up with a man in my own home I I paid for?

The point that it is only a verbal agreement does not change the fact that he is paying rent so he will be classified as a lodger which is why you need to go through a correct legal process to evict him. The reason you cannot kick him out currently is because of covid there has been emergency legislation passed to prevent this. The difference between you as a wife and someone as a renter, is if someone is renting they have a legal contract with the owner so there are protections there to not be evicted. As a wife not on the mortgage and not renting you do not have those protections because you are there at the will of the person who does own the property like any guest effectively. Of course, in a scenario that your husband would kick you out you could divorce and claim half the house.

Customer: replied 8 days ago.
Ok another question I owned a property in Enfield before marrying him and it has been rented...now we havinb issues he wants my property...as there is equity about 100k ...now I opened a separate bank when we married and tried to use only income generated from the property to pay for the mortgage...he has not paid a penny for this out of marriage property so change claim...I have tried my best to keep money warmed separate married money in one account and flat in another...might have blurred at times ...can you claim half of that Enfield property after a few years of marriage almost 2years in October...yet he made me pay 10k to put me on his...I did as he threatened to throw me out of the property I am currently living in...Will he be entitled to Enfield property if we divorce ...I paid him a lot of money before this marriage and during and banks refused to put me in mortgage as stated I was under duress...I finally put myself on his property as he threatened many times to throw me out!
Customer: replied 8 days ago.
Can he claim half of my Enfield property which was and paid for out of marriage?
Customer: replied 8 days ago.
Think he married me for the equity from that property
Customer: replied 8 days ago.
I had a steady income from agency guaranteed rent...he pressurised me to taking it from them and giving to another agency who has not paid me since nov last year ...I have taken loans to pay mortgage to avoid married money paying for the mortgage but may sometimes blurred income due to money not coming in from letting agency...
Customer: replied 8 days ago.
Will he be entitled to half of Enfield property?
Customer: replied 8 days ago.
Married in Oct 2018

No if you owned the property before marriage and you have never lived in it as a married couple it has been rented out then no he can't claim it as it is not a marital asset.

Customer: replied 8 days ago.
During this time he had taken over 30k from me for renovations for the house we live in and I paid half rent when I became wife gave him 10k to be added on mortgages on his property and bought food for 2years for him and now he is threatening to take my property in Enfield...my question is...Is he entitled to that property in Enfield...?

I have just said, no he is not entitled to the property in Enfield.

Customer: replied 8 days ago.
Even if I have at times mixed the finances slightly with married income and rental income although I have separate accounts?
Customer: replied 8 days ago.
One for HSBC rental and Lloyd's for married income ...does it matter?
Customer: replied 8 days ago.
No doesn’t matter. What’s matters is did you own the property before you married? Yes and did you live in it as the marital home? No then he can’t touch it. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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Customer: replied 8 days ago.
a lot!!!
Customer: replied 8 days ago.
Thanks
Customer: replied 8 days ago.
Hi also another question...I lived with him before marriage he took about 12k from me...and then we married...if we divorce what will I be entitled to claim as all my earning for the last 2years have been put into the extension of the house renovations food expenses paying him 500 quid a month for rent...etc...if we divorce what can I claim back as altogether i have spent already more than 30k while married to him n i have plenty of credit card debts because of all the money he kept taking from me?My question is what can i claim back? Is food considered an expense? What about the 500 before i owned the place...i gave him 10k to add me to mortgage so he couldn't throw me out?Please let me know what I can claim if we go for divorce?
Customer: replied 8 days ago.
Paid £500 for rent since I moved in as a girlfriend then married Oct 2018 ...still continued to invest in property until I gave him 10k in oct 2019 to add me to mortgage...what can I claim when divorcing?
You can’t claim back money you already paid as part of the marriage. You can claim half the marital assets. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 8 days ago.
What about when I lived with him before marriage? Can I claim that?
No. This applies to when you were married so not before marriage. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 8 days ago.
Am confused...I lived with him for 6months and he took money from me...you telling me I cannot claim my about 12k back from him...I understand that during marriage no!But what about when I lived with him on his property as a fianceCan I claim that money back?Many thanks.

If you agreed to give him the money and it was not a formal loan with a written repayment agreement then no you cannot claim the money back.

Customer: replied 8 days ago.
Ok thanks

Glad I could help, take care.

Customer: replied 8 days ago.
Hold up another question since my husband has got his mate in the property and I cannot evict him spoke to legal for landlords they saying it's a family solicitors I need to see as it is between my husband and I as he is the landlord...So am confused...Can I get renters in and he will not be able to evict them as well ...Let me know as not sure that I can give the section 21 as agreement is with my husband.

Well yes technically you could get renters in as well.

Customer: replied 8 days ago.
They state he is a lodger and only my husband can evict him as he is the landlord although I own half of the propertyRidiculous

Well yes that makes sense because the agreement is between the lodger and your husband.

Customer: replied 8 days ago.
can I get my own lodgers in without him being able to evict them as well

Yes theoretically.