Am I wrong for not wanting husband as joint tenant?

[MsSheppy]

I don't know if I am being unreasonable here.
Everyone knows how notoriously hard it is to get a tenancy with the council. I fought really hard for years and lived in hostels and B&Bs . I eventually got something. Anyway that was 21 years ago.

Since then, I met and married a man. *(I have 3 children by an ex partner) we've been married almost 5 years.

Anyway a serious incident happened which resulted in us being moved to another property for safety reasons. What we was offered after over a year in emergency accommodation was amazing. We used to live in a flat. Now we have a big house with a garden. I am pointing this out because suddenly now we live in this house he is behaving totally different and practically demanding to be joint tenants. I have refused this because a tenancy can only be passed down once. My children have no chance of realistically getting their own home the way things are with shortages of properties and the cost to buy. He also had a property previously that he got evicted from. So in my eyes a bit of a liability.

If your married surely he automatically becomes a joint tenant?

Not at all.

Don’t do it.

As it is at the moment if you die he could succeed the tenancy.

However if you put him on it and then separate he has equal rights. Equally if he died and was on the tenancy that clssses as succession back to you and you then met another partner they would have no succession rights.

You might like to check your rights regarding the children succeeding as there were changes to that (think it was part of the localism act 2011)

Not much incentive for your kids to make their own way in the world. I'm horrified kids can inherit a council tenancy the world has gone mad

I have checked. My housing officer has also told me this. I have had my tenancy since 2001. So maybe for people after that it's different. I know most new tenancy agreements are for 5 years and then reevaluated but I have a secure tenancy

If you are married, it doesn't matter if he is a joint tenant or not as he will have the same rights as you in regards to the property as the tenancy will be considered a matrimonial asset regardless of who is the tenant.

If you broke up you wouldn't be able to change the locks, throw him out etc as he would have as much right to be there as you would. The HA/council would not get involved & would expect you to seek legal advice & a court order to remove his rights to live in the prooety (property adjustment order).

Please look at the shelter pages for more info. england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_sole_homeowners/occupation_rights_for_sole_owners_and_their_married_or_civil_partners

Sorry, this is the link for rented properties

england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_married_sole_tenants/relationship_breakdown_law_for_spouses_and_civil_partners_in_a_sole_tenancy

Yes he has the right to live here. If we seperate. The council will help rehouse him. He will not succeed the tenancy. I have actually checked this out. My children have priority in this case.

It would be silly not to leave it to the children. If God forbid we both died in a horrific accident, they'd have no right to stay making them potentially homeless.

I don't like all this death talk but things happen. It's best to be prepared for a worse case scenario
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No, your home is your one security. You can't possibly risk it, especially with someone who's been evicted.

The children aren’t going to want to all live together in perpetuity. And how on earth would they decide which one gets to stay? It’s not like they can sell up and split the money, nor one of them buy the others out.

It’s your home, for now, but it’s not your house. It’s a bit weird to think you can ‘leave’ it to your children.

Here you go - from the citizens’ advice website:

*Deciding who should take over the tenancy

If you were married to or in a civil partnership with the person who died you'll get priority over anyone else to take over the tenancy.
If you were living with the person as if you were married or in a civil partnership, you'll usually have priority over someone who wasn't in a relationship with them.
If you are another family member and are entitled to take over the tenancy along with other people, only one of you can take it over. You'll need to decide between you - for example if you and your brothers and sisters are entitled to take over the tenancy, you'll need to decide who does.
If you can't decide, your local council will decide if you're in a council home. A court will decide if you're in a housing association home*

It's not weird at all. The property can be succeeded once. That's the law for my council. I don't know about others.

I don't know why you find it strange that family live together. Many people live with family members such as parents., grandparents and siblings.

Maybe one day we will be able to buy it or the children in the future.

So your dc will all live together forever?

Not forever. Just until they decide to move out. I just want them to have a stable home.I wouldn't want them to be worried about where they would go if anything happened to me.

Somebody further up the post said it seems there is a deeper issue. They are right. My husband is a liability when it comes to money. He has actually been evicted more than once. I don't feel confident in the sense that it wouldn't happen again if left to him.