ABSTRACT
Note that if Paul moves out and Polly intends to stay put, Polly must take steps to have the tenancy transferred into her name as soon as possible and, in any event, before the divorce is made absolute. This is because, by staying in the family home, she is keeping the tenancy alive under the ‘deemed occupation’ rules of the Matrimonial Homes Act 1983. Recent case law shows, however, that Paul might be able to get Polly out anyway – see below.
