Splitting up, who has to leave.
GreenJellyJam
Posts: 1,634 Forum Member
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I'm writing this quickly for a person I know. She is splitting up with her husband because of bust up between his son(24) and her daughter(23) and between themselves, at the minute he's still living at her place but she has told the son to not come round, he still keeps coming round sitting in the back garden and yelling at her. The husband thinks the son is entitled to do that, she obviously doesn't want to have abuse shouted at her.
The tenancy agreement, the rent, the bills are all in her name, she is waiting for he husband to get money to rent his own place, but after a bust up today, with the son coming round again and yelling outside the house, she wants the husband to leave. For the past two years she has paid for everything, only recently has he started working.
Everything is in her name, does she have any rights? Can she change the locks with nothing coming back a her? Or will she have to wait till they are divorced or she finds somewhere to move out, because she doesn't think the husband will be quick about finding another place.
Sorry for grammar and spelling, I'm writing this super fast. Thanks.
The tenancy agreement, the rent, the bills are all in her name, she is waiting for he husband to get money to rent his own place, but after a bust up today, with the son coming round again and yelling outside the house, she wants the husband to leave. For the past two years she has paid for everything, only recently has he started working.
Everything is in her name, does she have any rights? Can she change the locks with nothing coming back a her? Or will she have to wait till they are divorced or she finds somewhere to move out, because she doesn't think the husband will be quick about finding another place.
Sorry for grammar and spelling, I'm writing this super fast. Thanks.
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Comments
I'd just tell her to out him, and change the locks, and make a visit to a Solicitor and obtain and injunction if he carrys on being a nuisance.
I wish your friend all the best, and I hope she manages to get this resolved very quickly x
So even though they are married, she can still put him out?
Yes, if the tenancy agreement is in her sole name, the property is rented by her, and she has the overall say as to who comes into her home. If she wants to end the relationship, she is not responsible for him. If he is on the tenancy agreement, that would give him equal rights, as that's not the case. She can ask him to leave.
If it's a private rental she may need just to inform the landlord that she intends to change the locks and give the reason for doing so, and she will have to do this at her own expense.
As you state he isn't going to be in any rush to move out, and if he's allowing his Son to be abusive, then he doesn't deserve any consideration. He is a grown man, and responsible for his own actions, if he's condoning abuse towards your friend, he doesn't deserve to be in her home.
She can ask him to leave, and when the matter reaches the stage of litigation, any financial aspects will be broached, but in the meantime she can separate from him and has no reason to consider his living requirements. If she pays for everything and he isn't even contributing, he's not got a leg to stand on.
Well said cutecheeks. I've worked in this area for 10 years and couldn't have put it better myself.
If she does change the locks though she will have to provide the landlord with a set of new keys to the property.
What was the initial cause of the argument between the offspring, we're they in a relationship?
That's none of our business. I think if the OP wanted us to know she would have said so from the off.
Hear hear. A question was asked and comprehensively answered to the OP's satisfaction. It should be left there.