Just need a brief answer to question.
Lives in martial home with husband, but is not on the tenancy, under the law what right of succesion/assignment does she have if he leaves. Housing Association property. Thanks
2007-02-11 07:01:33 · 6 answers · asked by pinky 1 in Politics & Government ➔ Law & Ethics
alot depends if there are children involved. if she is keeping them with her then she has right to stay in the home.
2007-02-11 10:19:21 · answer #1 · answered by tuppassister 4 · 0⤊ 0⤋
The Matrimonial Homes Act 1983 was repealed by the Family Law Act 1996.
I'm not a lawyer, but FLA s30(8) seems to say that the wife in your case has a right to stay in the house as long as (a) they stay married, and (b) the husband also has that right. I would interpret this as saying that the wife can stay as long as the husband's tenancy is in force.
2007-02-13 03:22:52 · answer #2 · answered by Flup 5 · 0⤊ 0⤋
that act is a civil partneships act, and is superceded by any Contract signed with the owner of the property ( in this case the housing association)
This is because Law of tort takes precedent, in the same way the criminal law takes precedent over comon law, or human rights legislation.
This will of course be open to argument in a civil court if the other party sues, but the precedent has been set years back.
****Simply the housing association rents on the condition that the person they rent to is responsible under contract! so they Decide who lives there and they have the final say, not the persons renting, or residing****
Matrimony act
It would only hold if you owned the house, and had lived in it together under legal matrimony or as common law husband and wife.
2007-02-11 07:15:01 · answer #3 · answered by the mofo 4 · 0⤊ 0⤋
It should say in your tenancy aggreement, I think as long as the other person regardless of relation has been living at the address and you can prove this then they have they have the right to apply to take up the tenancy, this does not mean however that they will get it.
2007-02-11 07:10:52 · answer #4 · answered by Blackheath rugby wife 2 · 0⤊ 0⤋
You don't own the property and as he is not mentioned on the tenancy, doubt he would have little comeback if you separated.
2007-02-11 07:04:54 · answer #5 · answered by Ally 5 · 0⤊ 0⤋
she has an implied licence and thats as far as it would go, implied licences are simple to revoke.
She can apply to be put on the tenancy, but as far as the law you have stated is concerned does not apply.
2007-02-11 10:14:27 · answer #6 · answered by logicalawyer 3 · 0⤊ 0⤋