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Non mol & undertaking
#1
I have a non mol on me until April 18
Was in court the other day as she had stopped contact in court her solisitor come out with a load of rubbish and I had to do an undertaking
The undertaking states in not allowed to leave the car when i pick my boy up except to get him in the car my question is

If the non mol stops in April and I enter the house can I get arrested? The tenancy is in both our name's
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#2
(01-31-2018, 08:02 PM)unhappydadof2 Wrote: I have a non mol on me until April 18
Was in court the other day as she had stopped contact in court her solisitor come out with a load of rubbish and I had to do an undertaking
The undertaking states in not allowed to leave the car when i pick my boy up except to get him in the car my question is

If the non mol stops in April and I enter the house  can I get arrested? The tenancy is in both our name's

Regardless of whos name it is in, you might of lost the right to enter.

You need expert advise on this, from Shelter, CAB or Solicitor, but my take on it is that if you are away for 28 days, you have lost the right to go in. It might be sooner if  you have brought or are renting a house or room, and are using that as your primary home.

However, you have the right to anything that belongs to you, so it should be passed out to you, unless prohibited by this undertaking.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
The house is a council property and the tenancy is in both our names and I was forced out by the non mol
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#4
(02-01-2018, 01:24 PM)unhappydadof2 Wrote: The house is a council property and the tenancy is in both our names  and I was forced out by the non mol

If you have been away for over 28 days, you have lost the right to go in.

What you better off doing, is giving formal notice to get your name off it, so your not liable for any rent arrears that build up while your not living in it.

They will then have to make a decision on if they want to offer your ex a contact in her name or not. In doing this, they will want to see its the right size for what she needs under the law.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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