If you are cohabiting (living together but not married) and your relationship breaks down, the family home will belong to the person who holds the legal title to the home. This could be one of you, or both of you.
How can I get my ex out of my house legally UK?
Know your housing rights
If your ex-partner is violent and refuses to leave the home, you can apply for a court order to help you to stay in the home and make your ex-partner leave. This is called an occupation order. Get legal advice from a solicitor, who can help you apply.
Can my wife kick me out of the council house UK?
In short, then you cannot simply kick your husband out of the house. Instead, you will need to apply for your own occupation order from the court, which will determine who can occupy the property.
How do I get my ex off my tenancy?
The person who wishes to end the agreement will have to give written notice to quit to the landlord to formally end the tenancy.
Who is entitled to the house when relationship breaks up? – Related Questions
What happens if you split up while renting?
You’ll both be expected to pay rent while you’re both named on the tenancy. You can apply to court to change your ex-partner’s tenancy to your name, or remove their name from a joint tenancy. You can apply for a ‘transfer of tenancy’ if: your landlord refuses to change your tenancy.
What happens when tenants in common split up?
Tenants in common – called joint owners in Scotland. This is where you each own a share in the property. You can split ownership equally between you, or you can decide that one of you will own more than the other. Your share of the property will pass to whoever you leave it to in your will.
What do you do when your ex won’t move out?
If your ex poses a threat to you, you can ask the police or your local court for a restraining order. In most states, if you have a compelling case, a judge will issue a temporary restraining order directing your ex to leave your residence and stay away from you.
Can one person leave a joint tenancy?
If one of you wants to leave
If you end your tenancy it ends for everyone. If your fixed term joint tenancy has a break clause you have to get all the tenants to agree to use the break clause to end the tenancy, unless your agreement says otherwise.
What do you do when your boyfriend won’t move out?
If your boyfriend is not willing to move out, or becomes angry, violent, or unstable, you should immediately call the police—primarily for your own safety. Obtain a restraining order; if you own the apartment or house that you share, this will keep him from returning and will also let you keep your own living space.
What can I do if my boyfriend won’t leave my house?
Explain that, if he doesn’t leave your home, you will have to get the police involved. If you feel physically unsafe, talk to someone at a domestic violence hotline first. You could also take legal action by going to housing court, either with a lawyer or by yourself.
Can I kick my partner out of my house?
If your partner is not willing to leave the property, you may need to ask the court for an occupation order to ask them to leave. If you are faced with eviction from the property, because of rent or mortgage arrears, it is important to seek legal advice immediately.
What rights do I have if my partner owns the house?
If you are joint owners, you and your partner have equal rights to stay in the home. If you can’t agree what should happen to the home, you can ask the court to decide – for example, they might decide you should sell the home.
How do you get someone out of your house who won’t leave UK?
You must follow a set process if your tenants have an assured shorthold tenancy.
- Give your tenants a Section 21 notice if you want the property back after a fixed term ends.
- Apply to the court for a standard possession order if your tenants do not leave by the date specified on the notice and they owe you rent.
Can the police remove someone from my house UK?
Calling the police
Otherwise you can contact your local police station and ask to report a crime. The police should investigate any allegation of domestic abuse. The police have the power to prevent someone returning to your home if they behave abusively towards you or your children.
Can I kick my girlfriend out of my house UK?
Sole tenancy
(Things may be more complicated if you are married or in a civil partnership, or if you have children. See below.) So, if you are the sole tenant, and you are not married or in a civil partnership, and you don’t have children, you can throw your ex out on 24 hours notice, as they are just a licensee.
Can I physically remove someone from my property UK?
You can use reasonable force to protect yourself or others if a crime is taking place inside your home.
Can you ask someone to leave your property?
You can ask the individual to stop trespassing which will prevent any acceptance or consent to the trespass and preserve your rights to act against it. The defences to trespass are: Consent. Judicial Warrant.
What is a breach of the peace UK?
A breach of the peace is defined as “an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done.” They must release you once the threat of the breach of peace has passed.
What are the 4 elements of self defense?
Four elements are required for self-defense: (1) an unprovoked attack, (2) which threatens imminent injury or death, and (3) an objectively reasonable degree of force, used in response to (4) an objectively reasonable fear of injury or death.
