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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

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Original poster

Husband won't leave does he have any rights

14 replies

Emily2015 · 23/04/2015 16:24

My husband won't leave my house.

He was supposed to leave but he is stalling and ignoring my texts. I am currently not there at the moment.

It is rented and his name is not on the lease. Does he have any rights with us being married

Many thanks

Emily xx

OP posts:

newbieman1978 · 23/04/2015 16:56

Better to post this in Legal.

At a guess I'd say he may have some rights as you are married. Also possibly the length of time you've been in the property could have a bearing. But I could be wrong.

Original poster

Emily2015 · 23/04/2015 19:27

Thank you will post in legal

OP posts:

Original poster

Emily2015 · 23/04/2015 19:33

I can't find the legal section.

I moved into the property on my own in May 2014, he moved in at Xmas, after we had got back together. I gave him a second chance, but he still would not get a job and I have discovered he has been texting lots of other woman whilst I am at work.

I want him out and he is refusing to leave and just ignoring me,

If the worst comes to the worst I can hand my notice in and he would have to move out then, but don't want to do that, and I was just wondering if there are any legal reasons he could stay.

Thank you

OP posts:

tribpot · 23/04/2015 19:34

There's some good information on the Shelter website for Scotland but I couldn't find the equivalent advice for England. I did find this however, which states (rather surprisingly) "If you are married or in a registered civil partnership, you have the same right to occupy the home as your spouse, even if you are not legally a sole or joint tenant."

Joyfulldeathsquad · 23/04/2015 19:35

I don't think he would have any hold on it as its in your name. Have you spoke to LL ?

tribpot · 23/04/2015 19:36

Legal section is here.

Original poster

Emily2015 · 23/04/2015 19:43

No I did not want to get the landlord involved.

I am going to start divorce proceedings as soon as I get home, but the atmosphere in the house is awful and I just want him out. I had to leave at the weekend to stay with friends as he started shouting and screaming at me as I was still adamant we were over and he had to move out.

He then agreed to move out but I have been told by neighbours he is still there. He has ignored all my texts regarding moving out.

Thank you for your help

OP posts:

MiniTheMinx · 23/04/2015 20:22

His name is not on the tenancy, and he has no way of paying the rent and doesn't pay the rent? If this is correct then he has no right to remain. If he pays you any sum of money then he could say he is renting (sub letting) from you, but this would seem ridiculous in view of the fact that you are married. So I can't see how he could claim that. I guess that means you have a squatter! Could ring the non-emergency police number and ask for advice. Go to CAB and get advice.

cestlavielife · 23/04/2015 20:25

if he screams and shouts you can call police to remove him.

Joysmum · 23/04/2015 20:36

I'm afraid I think that because you are married, it doesn't matter if he's on the tenancy or not, he has the right to stay in the joint asset (not asset means vontrolled by, not owned by).

tribpot · 23/04/2015 21:23

OP is still liable for the rent as she is the tenant.

Joysmum · 23/04/2015 21:28

Absolutely Trib the only people that are liable for rent (and any losses at checkout) are the named tenants and any guarantors.

Original poster

Emily2015 · 23/04/2015 22:21

He doesn't contribute to any rent or bills, so he can't say I have sub letted.

If the worse comes to the worse I can hand in my notice as my 12 months is up next month.

If he is refusing to budge that's most probably the best bet as he cant stay when I move out.

Thanks everyone x

OP posts:

NickiFury · 24/04/2015 10:37

Do you WANT to hand your notice in? I would stay away for a while, start divorce proceedings immediately. On return if he starts screaming and shouting you can have him removed by the police. Once he's out it will be very hard for him to get back in. I called the police when my ex Husband became abusive, they removed him and he never lived here again. His name was on the tenancy too. I just kept him out and he was too scared of the police being called again to return.

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