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Getting partner out of house

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Meg888 | 15:14 Mon 13th Aug 2012 | Law
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Hi. I posted this in Family - but I think it probably belongs in this section.

My partner and I are splitting up, but he's taking his time finding somewhere to live. He could go and stop at his Mum's but he's refusing. He's making life quite unbearable while he 'sorts' other arrangements, with abusive behaviour and drinking - how would I go about legally getting him out (I work so not sure I'd qualify for legal aid). We rent a property which is in both our names, so legally can I get him out?
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Have a word with your local CAB.
Is his abusive behaviour threatening enough to you to call the police?
He has just as much right to the house as you do. Could you move out?

You almost certainly won't qualify for legal aid.
Question Author
I'm don't know if it would be considered 'threatening' enough. He doesn't hit me, he's just kicking off every day; he's verbally abusive, and nasty - screaming in my face in front of my teen daughter (who is not his). When he's not screaming, he's stomping around the house, slamming about making as much noise as he can. He drinks most nights and he is just vile when he's drunk. He said he'd move out, but now he's making ridiculous claims on things (I brought most of the furniture from my old house) he's demanding the car that we both paid for, despite him already having a company vehicle that he can use at will. I live 25 miles from my work so the car is very much needed by me. The cause of the breakdown is due to his behaviour, which we've been putting up with for months now.
when does your tenancy run out? With a joint tenancy he has as much right to live there as you, and you might find it expedient to find somewhere else yourself and give notice on the place you are in now. Sorry you find yourself in this situation
Question Author
It's a private tenancy arrangement, we sort of knew the landlord. We didn't sign an official one, it was initially meant to run out this month but they spoke to us ages ago and said we could stay there as long as we wanted and just to give them notice if we left. He doesn't want to keep the house on, he's told me that - but he's just keep delaying leaving and causing all this mayhem and abuse inbetween. He keeps pounding my phone and emails when I'm at work and then when I'm home he's just in my face all the time. I suppose I could stop with someone, but I don't know how long he'll take to move out - nobody's going to put me and my daughter up indefinitely.
well then that makes it so much simpler - give the friend/landlord notice and find somewhere else where you and your daughter could rent
no. he has every right to be in the property as his name is on the tenancy. however, if he verbally or physically abuses you, you could call the police and get him arrested and then get an injunction to stop him returning to the property. how you do that, i don't know. but that is your best option.
if he is screaming abuse/threats in front of your daughter, you do have a witness to corroborate that he is committing an offence. wait till he does it again, and you/your daughter should call the police immediately - make sure that you state you are very frightened of his actions during reporting it to the police and get them to come immediately as it is domestic violence.
Question Author
Thanks for the advice - I established after more mayhem yesterday, he is actually going to view a couple of properties with his daughter, so I'm hoping something will come of it and he'll be out in a week or so.
Good luck, I had a similar situation 5 years ago. I am afraid I had to sit it out, as he had as much right to be there as I did. I made sure I always had other people around me, as he behaved better in those circumstances.
If your friend who owns the property would be willing, could they not issue you a notice to leave, if you were to ask them? I know it's a bit underhand, but all's fair in love and war! You could then re-lease it from them on your own, once he had gone?
If your daughter is under 16..considered a child..his behaviour could be deemed threatning and ptentially violent towards a child then social services could lend weight to your case to get him out !!..I would also speak to landlord see if you can get proper contract/lease drawn up with your name only..good luck...be careful !
For God's sake, don't get social services involved.
if it will help resolve her issues..why not ??

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