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Lawry, Solicitor
Category: Law
Satisfied Customers: 380
Experience:  Expert
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I've separated from my husband and he's evicted my 19 year

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I've separated from my husband and he's evicted my 19 year old son, we own the property, I know I have to pay the morgage but do I have to pay for the council tax and gas and electricity?
JA: Where is he? It matters because laws vary by location.
Customer: Willenhall West Midlands UK
JA: What steps has he taken so far?
Customer: he's changed the locks and I can only go when his parents are there
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes the police have been evolved and he's still emailing and I've filled a domestic abuse complain with the police


My name is ***** ***** I will try and help you today.

I am sorry you are experiencing this problem.

As a joint owner you have equal rights to remain in the property.

Obviously, it is complicated to allow your son back into the property if your husband is there and does not want him there.

Ultimately, you could go to court to force the issue.

As the resident owner your husband is liable for the Council Tax from the date you vacated.

Make sure the council are aware as you will need to pay wherever you are living and do not want double liability.

Get confirmation from them in writing that you have vacated.
The only way you will be liable for council tax going forward is if you a) move back to the property or b) your husband also vacates - you'd then be jointly liable until the property is re-occupied.

The same applies to the gas and electricity as you are not using the premises.

Customer: replied 11 days ago.
Ok thanks

You are welcome.

Best of luck!

Lawry and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Sorry I forgot to ask about my rights to enter the property.
As I said he's changed the locks and I'm having to make appointments with his parents to collect mine and my sons items. Which is hard as I work full time but I'm having to work round them to get in the house.
He's also emailed me saying I've got to the 21st September to remove all my things ( including furniture) or he will be taking them to the dump.

You are a joint owner so he cannot legally exclude you from the property.

If you require access, you can ask the police to accompany you.

Alternatively, you can apply to the court for an injunction.

To do this you should instruct a solicitor, so call the Law Society on 0207(###) ###-####and they can recommend local firms that can help.

You are equally entitled to the keys and to store your possession there.

If he takes your property to the dump he is in breach of the Torts (Interference with Goods) Act 1977.I suggest you keep a sufficient record of all of the goods left behind and keep an inventory (with description) of the goods in case he disposes of anything. If he does you would have a claim for compensation.

Customer: replied 11 days ago.
Again thank you for your help.

My pleasure

Customer: replied 6 days ago.
Hi I’ve been and spoken to myself mother in law about having access to my house, and received theses emails back
When they police came the first time I put in a domestic abuse complaint and have been In touch vitim surport
Is this correct?
Customer: replied 6 days ago.
Customer: replied 6 days ago.
2nd email
Customer: replied 6 days ago.
Customer: replied 6 days ago.
My husband also attacked my son which I have a video of

Thank you for this.

Obviously, now that the police are involved you will need to liaise with them if you require access and you need to put your side of the story to them.

Customer: replied 6 days ago.
other that access I can still leave my things there?
Also can my x service an eviction notice on my son or is it the police as there saying it the police but I've received this?
Customer: replied 6 days ago.

You can leave your things there but if you want to collect them I suggest you liaise with the police for your own protection.

As an owner, your ex can exclude your son from the property.

The notice needs to be served on him.