My wife wants a separation, she has the council property in her name and i am a named family member. Can she legally remove me from the house
Thanks for your message. You should check the terms of the tenancy agreement; that should set out whether or not your wife could remove you as a named family member. However, the Family Law Act 1996 gives protection for spouses who personally do not have right to occupy their family home but where their spouse does. It grants you home rights; the right to not be evicted or excluded from the matrimonial home. If your wife tries to exclude you from the home, you could apply to the court for an occupation order. An occupation order can order your wife not to exclude you from the home or, if you have already been excluded, the right to re-enter and occupy the property. Do note that your wife could surrender the tenancy completely or give the council notice to quit. If you are worried that she may do that you could apply to the court for an injunction to prevent her doing so. It is also possible to apply to the court for the transfer of tenancy.
I hope this helps, please feel free to book a call if not.
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