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Rights under separation when mother pays all rent

5 replies

greenforest · 11/01/2010 11:12

I would like some legal advice regarding a separation and a rental property. I have been a reluctant tenant since 1997 because my husband has always believed house prices too high even though according to our incomes we are extremely high earners (top 10%)so really no issues of affordability. I have never managed to convince him to buy and afer a while I resigned myself. As relationship has started to fall apart and still no home (we have three children, but I have been paying the full rent for the past 7 years (enough to have bought a small flat)- what rights do I have when it comes to separation and how is that viewed by the courts?

OP posts:
teaandcakeplease · 11/01/2010 11:19

I can't really help you but if you pop into your local citizens advice they'll be able to tell you all of this for free x

Maybe some other MN though will know, sorry to interject

LaurieFairyCake · 11/01/2010 11:25

Has your partner been contributing to the household equally in other ways - paying for food/shopping/holidays etc?

At least if you split up one of you can just move out seeing as you can both afford it. And share residency of the dc's.

greenforest · 11/01/2010 11:39

He does help but on a whole my fixed expenses are larger (school related expenses,childcare).

OP posts:
greenforest · 11/01/2010 11:43

Do citizens advice give out this sort of information? That's good to know. thanks.

OP posts:
STIDW · 11/01/2010 12:02

In England & Wales because you are married your spouse has home rights entitling them to live in the matrimonial home as if they were a tenant, even though the tenancy is in your name. The usual legal advice to both parties is to remain in the home until arrangements for finances and any children are settled.

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