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Inspired by this story.

Allegedly, there are three people involved: Alice, Bob, and Carol. Alice and Bob are married and they co-own a house (which is presumably in the UK). Their marriage is having issues, and they're in the process of divorce, although they both still stay in the house. One day Bob brings Carol to the house apparently for a one-night stand. Alice is livid, arguing that it is disrespectful. Bob counters that he owns 50% of the house, so he can do whatever he wants without Alice's consent.

Can Alice legally eject Carol from the house? Put alternatively, can Bob legally force Alice to accept Carol's presence in the house?

Allure
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2 Answers2

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Yes, it’s disrespectful. No, it’s not illegal

An owner of a property (or a renter for that matter) can have whatever house guests they like. Navigating this with other owners is a social issue, not a legal one.

Dale M
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Considering the situation you mentioned, it is unlikely this would be deemed illegal. In the UK, the rights of co-owners in a property depend on the nature of their ownership. As Alice and Bob here are joint tenants or tenants in common, they both have the legal right to possess and occupy the entire property unless a court order states otherwise.

Generally, a co-owner can invite guests into a property without needing the consent of the other co-owner. However, this right is not absolute. Then,

Can Alice eject Carol?

Alice cannot legally eject Carol solely because she disapproves of her presence. Since Bob has a legal right to invite guests, Carol is not a trespasser. However, considering this is during ongoing divorce proceedings if Alice strongly objects, she may seek legal remedies such as applying for an Occupation Order under the Family Law Act 1996, particularly if Carol's presence is causing emotional harm.

David Brown
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