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Legality of kicking husband out

(7 Posts)
Blue81 Fri 01-Jan-16 14:08:09

Firstly, if there is a more appropriate topic for this to go under, please direct me.

My friends husband is refusing to leave their privately rented home. His name is not on the tenancy, however he is on the council tax register for the property.
At present they both work but her husband has not been contributing to the household.
My friend has had enough, the relationship is over but he refuses to budge.
What are her right? They have a young child, age 3.

mrsfuzzy Fri 01-Jan-16 14:23:00

you need legal advice on this, not sure he can be kicked out as you are married. this probably needs to be moved to relationships. sorry can't help you more but hope someone will be able to give more positive advice.

Tiggeryoubastard Fri 01-Jan-16 14:26:47

I'm pretty sure if it's rented and he's not on the tenancy she can throw him out.

MumOnTheRunCatchingUp Fri 01-Jan-16 14:31:06

Yep she can.... Marriage means nothing it's the tenancy which is important. Pack his stuff and put it outside and either change locks ( with landlords permission) or get key off his keyring

mrsfuzzy Fri 01-Jan-16 14:31:19

whatever happens your friend must keep up with the rent if she is named on the tenancy, but it the council tax is in his name only that is his thing to deal with. i would start divorce proceeding but bear in mind stbex might be staying put to be bloody minded.

AnchorDownDeepBreath Fri 01-Jan-16 14:33:55

If he is not on the tenancy at all, he has no right to stay. However, many tenancies won't allow adult family members to live in the property but not be named on the tenancy, so do check that he's not named as an allowed occupant or anything.

Council tax is a separate matter, once he's left, she can call and let them know. They will remove him and apply her 25% discount.

Blue81 Fri 01-Jan-16 18:11:15

Thank you

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