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Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 33297
Experience:  25 years exeperience
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There's a married couple living in a council house. The house

Customer Question

There's a married couple living in a council house. The house is on woman's name, she also pays for council tax and utility bills. He pays rent direct to landlird by dd. She has 3 children (living with her), he has two children (not living with him), inbetween the two they have no children. Now they have had alot of arguments and she has moved out. Being as they're still married and she left him, whould she have a right to kick the man out? Or what rights do either of them have regarding to living in the council house? What's the notice period, if any, one of them can kick the other out?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
Clare
Customer: replied 1 year ago.
19, 18 and 12. Two eldest live elsewhere and 12yo is autistic.
Expert:  Clare replied 1 year ago.
Hi
Her husband has the right to live in the Matrimonial home so long as they are married - unless there us an order excluding him as a result of violence
Since there is a 12 year old involved it is likely that the court will order that the wife should retain the tenancy if the matter does go to court.
The wife should start divorce proceedings as soon as possible to ensure that the matter can be resolved without delay
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
That's a fab answer but, how about her rights to restrict his movements and times He can enter The house etc? Can she, for example, give him 14 day limit by when he should be out or is it only through court she can demand this? And since she moved out, could she move back any time she likes at the same time telling her husband that he can not enter?
Expert:  Clare replied 1 year ago.
Hi
I am afraid that whilst they are still legally married he is entitled to come and go from the property unless there is an order excluding him as a result of violence
Clare

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