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i have joint tenancy with my partner which only started in july when we moved into our new council house now i want my partner to leave and have been told we have the same rights i have one child off him but two others that are not we lived in another property before but only my name was on tenancy help!

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Hello Kat, I have found myself this weekend in a similar position. Although I do not know the answer, I would immediately on Monday morning telephone the Housing Association and explain your position. You, as a woman and mother, will I am sure have the right to reside. If your OH has left already, then good, I needed to get the police to remove mine:( Do whatever you think is right for you and your children:)

 

Try having a look at your local council's housing website too in the meantime, they are quite informative.

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Hi,

 

I believe that until you severe the joint tenancy both of you have equal rights to the property. Even after you severe it however your partner might still retain a half share or even more (or less) depending on the circumstances of how you acquired the property. One possibility is if you are able to show that you never intended any title to pass to your partner but that is unlikely if you registered as joint tenants.

 

As to whether or not you can evict your partner, as far as I know you should not be able to evict a joint tenant or even a tenant in common under the law of property. Your best bet might be some other remedy perhaps under family law? I'm not too sure in that regard...

 

Disclaimer: I'm from a different jurisdiction albeit substantially based on English Law.

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Hello and Welcome, kat8978.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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First piece of advice, and I have said this before on here - please ladies, never, never, never have a joint tenancy with a partner, particularly not of a Council or HA property. Look at the mess you get in when it all goes belly up. If you marry him then it all changes again and he gets legal rights as a joint tenant anyway. Us girls have little enough rights, this is one we can hang onto. Stay single and keep that tenancy in your name only.

 

Now to the problem. You have a few choices.

 

1. Request your partner to assign his part of the joint tenancy to yourself. He only needs a form from the LA to do this. He is jointly and severally liable for this tenancy whether he lives there or not all the time he remains a joint tenant. Once you have explained this to him, how if you don't pay the rent, how, if you have wild parties, how, if you wreck the place - this is all his responsibility too, he may not be so keen to remain a joint tenant! Your call - you know him and i don't!

 

2. Speak to your landlord first - but you can terminate the entire tenancy (only one of the joint tenants needs do this) and request that it is then set up again in your name only. (Known as Grady ruling if your Housing officer is struggling with this one). Caution - ensure that you have it in writing that the Council will set you up in your own right BEFORE you take this course of action - otherwise you may find you are intentionally homeless. They might be disinclined to assist with this, they may ask for very good reasons such as domestic violence etc, but there is nothing to stop you terminating the entire tenancy. I don't usually advise this unless it is a very last resort - because it can encourage people to be spiteful to each other in times of relationship breakdown. Your partner, as a joint tenant, has this right also - think about it! (But don't tell him!)

 

3. See a solicitor and get the matter put before a judge who will make a ruling on the future of the tenancy - the landlord will have to comply with this. Rule of thumb is the person with custody of the children gets the home. But it has been known to go the other way, only rarely.

 

Hope you get this sorted out - and remember, no more joint tenancies with blokes, even if they appear to have all the qualities of a saint!

 

What your landlord cannot do is interfere with this tenancy in anyway, so don't even ask them, they are not allowed. It has to be done either by way of court order, or voluntarily by either or both tenants.

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