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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

H on tenancy and I dont want him in the house

3 replies

Alwaysthebeach · 13/03/2022 15:22

Hello!
Thanks for reading. Long story but H lives separately due to mental health/alcohol issues yet blames me so moved out. Rental property I live with me and two DC is in both our names. H here a lot, as DC wont go to his place.He spends most of weekend here though does not stay here.

I was trying to make things as normal for children ie have himin the house as we are still married .. the alcohol makesit impossible.

I am at my wits end though as he constantly turns up house later than he says he will -no phone call or message and wheni get upset when he does turn up, he just gets angry and shouts and tells me everything us about me and what i want to do, even though he told me the time he wanted to come! He told me he had to do work and is stressed but just takesit out on me. I was crying today just listening to this abuse as Imtoldhow selfish I am.

I have now told him he canonly be in the house with kids if i am not there (he has to as they wont go to his and he has to look afetr them) and to give me the key. The neighbours can hear and ijust have no space of my own.

he comeshere sometimes cooks, leave sth dishes, does no cleaning etc yet uses the house. so i get left with the mess of everything

he is on the tenancy agreement. what can i do?im trying to get hom off it.

He told me he withhold the rent from me if i didnt let him come in. i am applying for child maintenance at the moment.

this is all because he cannot see clearly due to being in active his addcition.

his family dont believe me when i say he is alcoholic.
in despair

OP posts:
Crumbs22 · 14/03/2022 13:58

I'm sorry you are going through this. Because you are both on the tenancy it's not easy to take him off. It depends on the type and length of the Tenancy. Sadly in your case, he does have the right to come and go as he pleases in that respect. Have you spoken to your Landlord about it?
If he stops paying rent, you will both be in breach of the tenancy so that doesn't help anyone. I think you need to think through your options for the sake of your children as well. Maybe the Citizen's Advice Bureau will be able to help you?

canigooutyet · 14/03/2022 14:14

Contact the LL to ask how to get his name off. If they aren't helpful, Shelter should be able to give you advice.

Whilst he is paying rent this is blurring the lines and of course he will want to come and go as pleases. You need to make this clear, any money he pays is for child maintenance.

If you cannot afford the rent on your own, you need to look into whatever benefits you might be able to get - entitledto is a good starting place.

I don't blame the dc's for not wanting to go to his place tbh. For the short term it would be beneficial for everyone for contact to happen in a mutual place. Are there any contact centres around?

MrsBertBibby · 14/03/2022 14:56

Even if his name is off the tenancy he has matrimonial home rights.

You need to get an occupation order to prevent/control his access to the house.

You need to look into benefit entitlement, you can't carry on like this.

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