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STBExH won't leave MY tenancy

3 replies

theblackflash · 03/09/2023 00:40

Can anyone advise how the hell I get this monster out of my house?

Background, 2 young kids, broke up once before due to very covert emotional manipulation/abuse. I got offered LA house. End up getting back together, he moves in, we get married and shit hits the fan again. I'm finished for good this time. He is an angry angry person. I've given him time and assistance to leave - he refuses to even accept that we are finished. I have had to leave with my young ones and stay with my mother as I cannot take any more of it. He is now in my house and we are having to present as homeless. He Aparantly has legal right to be there?! How the duck is this fair?? Is there anyway around this??

OP posts:
PencilsInSpace · 03/09/2023 01:11

You can apply for an Occupation Order:

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_sole_tenants/occupation_orders_under_family_law_act_1996_for_married_sole_tenants

Probably worth giving Shelter a ring as a first step.

theblackflash · 03/09/2023 14:24

Sorry forgot to add I am in Scotland so I think laws may be slightly different here.

OP posts:
PencilsInSpace · 03/09/2023 22:50

OK, lots of info here:

https://scotland.shelter.org.uk/professional_resources/legal/relationship_breakdown/married_tenants

It looks like in Scotland it's called an exclusion order but it's fairly similar.

Shelter Scotland helpline:

https://scotland.shelter.org.uk/about_us/contact_us/call_our_free_helpline

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