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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Flip

Original poster

My house. Does he have rights ?

14 replies

Sorcha1966 · 27/02/2014 07:11

Mt partner has lived with me for 3 years.

The house is in my name (on the deed) ; the mortgage is in my name and he has never paid one penny towards it.

Our relationship is breaking down and he is refusing to leave as he has no income and no job and no place to go.

He says he has rights of occupancy ? This cannot be correct can it ?

If necessary how do I go about getting him out?

OP posts:

Collaborate · 27/02/2014 07:17

He has a license to occupy the property. He has no right to stay.

babybarrister · 27/02/2014 09:11

This reply has been deleted

Message withdrawn at poster's request.

expatinscotland · 27/02/2014 09:13

Turf him out. Sounds like a total loser.

Original poster

Sorcha1966 · 27/02/2014 09:30

he has paid nothing. he has no income whatsoever, and has not had since before he moved in

OP posts:

NotSuchASmugMarriedNow · 27/02/2014 10:11

Can you just get the locks changed when he is out?

RedHelenB · 27/02/2014 15:33

Do you have children & if so does he take care of them while you work?

scarletforya · 27/02/2014 15:39

Kick him out on his free losing arse! If he has no money then how is he going to pay a solicitor to implement this 'right to occupancy' claptrap.

I'm also quite sure he'd have to have some proof that he paid significantly into the household during the. three years he was there. If he's never paid in a penny, then he hasn't a leg to stand on.

He's bluffing. Kick the cocklodger out on his sorry arse. His lack of money and place to go are not your problem!

WhoNickedMyName · 27/02/2014 15:41

Wait until he goes out. Get a locksmith round. Change the locks. Leave his stuff in binbags on the front doorstep. DON'T, under any circumstances let him back in. Phone the police if he gets arsey or aggressive.

VendorZilla · 27/02/2014 15:51

Looks like occupancy rights apply to anyone with a rental agreement or contract. I'm guessing he's trying it on, while assuming you don't know what he's talking about. Trying to post a link [http://www.housingadviceni.org/families-and-sharing/living-together/your-rights-if-you-or-your-partner-own-your-home.html#wipLive-23089-8 here]

VendorZilla · 27/02/2014 15:52

Oh, that didn't work well, did it?!

pilates · 27/02/2014 15:57

If there aren't children involved, I would change the locks.

He hasn't contributed so how can he say he has rights, think he is trying it on.

Is he violent?

K8Middleton · 27/02/2014 15:59

Ffs of course the op can't just change the locks when he is out. How horrible and unreasonable is that!

The law is different depending where you live. Presuming you are in England have a look here: england.shelter.org.uk/get_advice/downloads_and_tools/relationship_breakdown

In a nutshell yes your partner could get an occupation order to give him some time to find somewhere. He could also attempt to show he has a beneficial interest in the property. What he is not allowed to do is decide he wants to stay living in your home indefinitely if you don't want him there. If he is violent or abusive you can have him removed by the police.

If you have children it gets even more complicated.

K8Middleton · 27/02/2014 15:59

Sorry I botched the link

england.shelter.org.uk/get_advice/downloads_and_tools/relationship_breakdown

irrepressibleyou · 27/02/2014 16:02

I don't think it's that irresponsible or horrible, seeing as there has already clearly been a period during which the OP has asked him to leave and he has refused and stated his intention to make a claim on it.

Flip