What are my chances of moving back into marital home?

[FTS123]

I moved out with the DCs because he refused to, I now rent. My name is still on mortgage and we are not divorced yet. My only chance if ever getting a place of my own is to stay on the mortgage and move back in, forcing him and his girlfriend to move out - could I do it? It's been nearly 2 years now.

[longest]

Can't you force a sale and take out your equity? Either way if one or other of you is forced out surely it'll have to be sold?

[Shenton]

You certainly can move back in, you just can't get him out by the same token. Force the sale and start again

[WellWhoKnew]

Apply for an 'occupation order'. It is absolutely unacceptable that he lives in the FMH, whilst you rent but also bring up the DCs. The DCs needs are paramount, not his.

That is the first and foremost rule of the Matrimonial Act 1973.