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There's a married couple living in a council house. The house…

Customer Question
There's a married couple living...
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: 3 years ago.Category: UK Property Law
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Answered in 1 hour by:
6/12/2015
Solicitor: Clare, Solicitor replied 3 years ago
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,314
Experience: 25 years exeperience
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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
Ask Your Own UK Property Law Question
Customer reply replied 3 years ago
19, 18 and 12. Two eldest live elsewhere and 12yo is autistic.
Solicitor: Clare, Solicitor replied 3 years 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
Ask Your Own UK Property Law Question
Customer reply replied 3 years 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?
Solicitor: Clare, Solicitor replied 3 years ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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