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I want to separate from my husband. The tenancy of our Council property is in my name only, does he have any rights to remain in the property?

I want to separate from my husband, with a view to divorce, because his behaviour is making me ill and I feel I no longer love him. I have one child from a previous marriage and we live in a Council property, the tenancy of which is in my name only. Does my husband have any rights to remain in the marital home?

In order to get a divorce you have to prove that the marriage has irretrievably broken down and show sufficient evidence on the basis of one of the five facts listed below:

1.      Adultery

2.      Unreasonable Behaviour

3.      Two Years' Separation with Consent

4.      Five Years' Separation

5.      Desertion (this only applies after the parties have been separated for a continuous period of two years or more)

Unreasonable behaviour can be a single very serious incident or more usually a course of conduct that eventually results in the marriage breaking down.

With regard to the matrimonial home, although the tenancy is in your sole name, your husband has matrimonial home rights which allows a spouse to remain in the property, so it could be difficult for you to get him out but this is something that needs to be discussed in more detail. 

We can refer you to a firm of solicitors that offer a fixed fee divorce service, in the first instance they can call you and discuss the service further on a no obligation basis and without charge. Please e-mail if you would like us to make this referral.  

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by Maria Mason — last modified 2008-08-13 13:36
 

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