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Joint tenancy and seperation?

  • NRP
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23 Sep 11 #289156 by NRP
Topic started by NRP
I and my girlfriend have a tenancy in both our names with a housing association. We both moved into the house at the same time. We have 1 child between us (baby) and I have my son residing with us full time.

My girlfriend has hinted at a separation but rumour through the grapevine suggests that she is getting legal advice about how a separation would affect her. I think that I am best placed to seek the same information so I am not at a disadvantage in the future.

If she wanted us to separate, could she ask me (and my son aged 10) to move away and what if I refuse? Does she have any additional advantage to cause me to be pushed out or evicted from the home?

We are on income support at the moment, so the council pay the rent and council tax.

My own view is, that if she wants to separate and move, I would not stop her. I would resist our baby son moving with her unless the separation is agreed.

Are there any legal points I need to be aware of or any issues I can apply to prevent an unfair disadvantage happening.

Many thanks.

  • NellNoRegrets
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25 Sep 11 #289370 by NellNoRegrets
Reply from NellNoRegrets

There's info about separation and joint tenancy agreements with local councils here:

not sure if the situation is different with a housing association, you might have a booklet from your housing association with info about this in it.

Is your name on your baby son's birth certificate?

  • NRP
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25 Sep 11 #289402 by NRP
Reply from NRP
Many thanks for your reply.
I read the link, some of that information should be common sense, however, I was not specifically aware. Thank you for posting the link. The information is fairly broad. I am yet to move to a bigger property. Based on that info in the link, it seems that I must apply for a joint tenancy and this application might be declined...so I will have to wait to see if it is (the joint tenancy that is). I anticipate getting a joint tenancy, which is what I want... but I don't know about what would happen if she wanted to separate from a cohabitate relationship and I didn't,in terms of us having a joint tenancy agreement. Assuming that there is no DV involved. Having asked that question, could a person leave one property where they have a joint tenancy and take on another tenancy in the same (or another) area?

As I understand things, the council and the housing association are pretty much the same...but, now that you mention it, I think it's worth giving them a call just to check and in turn, get an answer to my question. You just gave me an idea.

To answer your question. I am on our baby's birth certificate and therefore have PR for him. Would this have an effect on the joint tenancy situation? I am aware that I could apply to a Court for a PSO to keep the baby residing with me to keep the status quo (if she moved out)...my bigger worry is she getting me moved out and if it's possible, how this might be achieved.

If it helps, she is the person with itchy feet. I aim to sit tight and dig my heels in.

Thanks again for your response.

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