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Jointly owning home

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maggie01 | 15:06 Mon 21st May 2007 | Law
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If you both jointly own your home and you seperate, does the one who leaves legally have access to the marital home. My husband has left but wants to move back as a lodger. In the eyes of the law, can he do this whatever I think.
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How can you be a lodger in your own home?.
Question Author
His words. He wants to come back paying the mortgage. Sharing the bills but live a single life. He just wants to use a room. Doesn't want it as a home.
Hi maggie01
if he do'es this he still will own part of the house what ever way you look at it, are you happy with this set up, sureley if he wants to live a single life how would you feel if he brought someone back to his room. I cant see how he can be a lodger when he is still paying half of everthing, when he is a part owner of the property, unless you buy him out and then rent him a room.
best wish's
chadwin62
As the house is jointly owned he has as much right to live there as you do - whether you are co-habiting or not.

The only way of preventing him exercising his right to live there is to get a Court order excluding him (needs solicitor input & unlikely to succeed without very good reasons), or to buy him out.

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