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Legal matters

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Legal question about tenancy rights after moving out of family home

4 replies

EhricLovesTheBhrothers · 12/05/2014 11:31

She is leaving an abusive marriage and will be moving out of a housing association house (shared) to another social housing property on her own with the children. Her husband will stay in the current home.
He will have no rights to occupy her new home, is this correct? If he remains resident in the old home and she signs the tenancy in the new home singly, the fact that they are married does not confer him residence rights in her new property? She has had this suggested by two housing professionals and is concerned.
Thanks

OP posts:
PeterParkerSays · 12/05/2014 11:42

I'm not a legal expert at all but no, I don't think him being her spouse gives him any right to occupy her house, only the named tenant(s) can do that.

EhricLovesTheBhrothers · 12/05/2014 11:46

Seems obvious! He has the right to occupy their current house as it's the marital home and he has lived there with her but that won't apply to the new property.

OP posts:
ballsballsballs · 12/05/2014 11:47

I'd suggest that she calls Shelter's helpline. They have legally trained advisors who can talk her through the legal stuff.

Best of luck to your friend.

EhricLovesTheBhrothers · 12/05/2014 11:57

Thanks, that;s a good idea

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