@Dontburstmybubble
If I rent privately and have a joint tenancy agreement with my husband am I legally allowed to ask him to leave while remaining in the home with our two young children or can he refuse and if he does refuse what would be my best option for me and the kids ?
Hello @Dontburstmybubble,
Thank you for contacting us about this.
It sounds like you may well be going through a very difficult time, and I’m sorry to hear that you’re in the position where you feel you have to ask your husband to leave.
You’ve not mentioned the reasons why you might want your husband to leave (and it’s quite understandable that you may not feel it’s appropriate to share this information) but I’ll give you some information about a range of situations that might apply.
I’m sorry to say that although you could ask your husband to leave, if he refuses you would not be able to force him to do so without taking additional action. There are two main reasons for this.
Firstly, joint tenants have equal and indivisible rights to stay in the property. One joint tenant can’t legally exclude the other without a court order while the joint tenancy continues. You can read more about the rights of joint tenants here:
england.shelter.org.uk/housing_advice/private_renting/joint_tenancies
Additionally, in family law, people who are married or in a civil partnership have what’s known as ‘home rights’. This means each partner has equal rights to stay in the property that they’ve lived in together. These rights apply regardless of whether they legally own the property or are a named tenant. This right continues for as long as they are married or in a civil partnership, assuming no legal action is taken.
If your husband is willing to leave, there’s nothing in law to prevent him from doing so. As long as one of the joint tenants remains in the property, the tenancy could continue indefinitely. If you’re able to negotiate the terms of the arrangement, so much the better. Because of the rights mentioned above, he would continue to be able to lawfully enter the property at will. You may be able to come to an agreement whereby he respects that this is no longer his home and consents to enter only with your permission. While this won’t change his rights in law, it may give you more peace of mind.
Additionally, joint tenants are all jointly and individually responsible for paying the rent. This means that if one moves out, although the other joint tenant can be held responsible for paying the full amount, the tenant who has left can also be held liable under their obligations relating to the tenancy. It would be for the landlord to decide who to pursue. If you’re able to negotiate an arrangement to determine who would be responsible to pay and for what, this may help to avoid disputes later.
Another aspect of joint tenancies that are often best to resolve at this point is what happens to the deposit at the end of the tenancy. If there hasn’t been an arrangement made at the start of the tenancy regarding how the deposit will be distributed when the tenancy ends, it may cause further issues later. Often the deposit is either returned to both tenants equally, or to one ‘lead’ tenant. If you feel that a different arrangement might be more appropriate, it’s worth trying to arrange this with all the parties involved now.
If it’s not possible to come to an amicable arrangement, I’m afraid that this makes the situation more difficult. If your husband refuses to leave, you would then have the option of either leaving and having to find somewhere else to live, or taking action involving the courts to exclude him. There aren’t options in housing law to exclude another joint tenant, and in a situation like this you would have to rely on family law.
If a joint tenant wants to exclude someone else from the home, they may be able to apply for an occupation order. This defines the rights of either party. While in some cases it may be clear who should leave and who should remain, in other situations it can be difficult to anticipate what the outcome of an application for an occupation order may be.
Alternatively, if in the future you and your husband decide to divorce, rights to the property can be determined during proceedings.
Someone considering either of these routes would need specialist advice on family law. You could try contacting Rights of Women for help with this; they’re a voluntary organisation offering free, confidential legal advice covering family law, divorce and relationship breakdown, children and contact issues. You can find out more here: www.row.org.uk/get-advice/
You can also use the Law Society website to search for local family law solicitors here:
solicitors.lawsociety.org.uk/
If you are experiencing domestic abuse, there are additional routes you can consider.
If you believe that you are at risk of immediate harm, call 999. The police may be able to take steps to exclude your husband from your home and prevent him from returning.
If you need to exclude your husband urgently because you and your children are at risk, you may also be able to apply for an injunction. You can find out more here:
www.gov.uk/injunction-domestic-violence
The National Centre for Domestic Violence provides a free, fast emergency injunction service to survivors of domestic abuse, regardless of their financial circumstances. You can contact them on 0800 970 2070 or visit their website for more details here:
www.ncdv.org.uk/are-you-suffering-domestic-abuse/
You can also contact the 24-hour National Domestic Violence Helpline on 0808 2000247. Their advisers can provide emotional support and search for refuge accommodation. They can also help you to plan for leaving your home if this is something you need support with.
You can find out more by visiting their website here:
www.nationaldomesticviolencehelpline.org.uk
You should also be classed as homeless if it's not reasonable for you to stay there because you’re experiencing abuse. This means you can make a homelessness application to your local council, which can be a quick way of getting accommodated if you meet certain criteria. Be aware that the council may ask for some kind of evidence to show that you’re experiencing abuse. However, they should act with sensitivity and care, with consideration of any emotional or psychological effects the situation is having on you and minimising the chance of you being put at further risk.
If you feel that this applies, you can read our advice about how to apply as homeless and search for the contact details of the council’s homelessness team here:
england.shelter.org.uk/housing_advice/homelessness/guide/get_help_from_your_council_when_homeless/how_to_apply_as_homeless
If you need more advice about any of these issues, please do consider getting back in touch. If you’d prefer, you’re more than welcome to contact our advice services in confidence: england.shelter.org.uk/get_help
I hope that you’re able to resolve the situation, and very best wishes.
Kind regards,
Andy @ Shelter
Contact Shelter's housing experts online, by telephone, in person or on social media: england.shelter.org.uk/get_help